Legal Question in Intellectual Property in Georgia
Trademark Question
My company wants to get the rights to use the word Agony for our clothing company. However, someone has already trademarked Agony Clothing. Our logo does not look anything like what the registered mark has, but the description of goods is similar. In addiiton, we have been doing business and are a registered LLC in the state of GA. The registered mark is in CA and has not even been used to this day. Nor is there any sign of an Agony Clothing Company besides our company online or registered in CA. We are about to do commerce outside our state and really need the rights to Agony for our clothing brand. What are our options for getting a registered mark on this name?
3 Answers from Attorneys
Re: Trademark Question
You need to contact an intellectual property attorney in your jurisdiction to work with you on this matter. It is not something you can answer on a bulletin board.
Patrick Tracy
Re: Trademark Question
I agree with Patrick that you need to speak with an IP attorney on this one.
You can also try to contact the tredemark holder and see if they would be willing to let ransfer the mark to you. You can also try to get the mark with your design or try to get the trademark in a different class.
Feel free to contact me if you have additional questions.
The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.
Re: Trademark Question
Assuming by "tradeamrked" you mean that the mark has been registered, you may be able to have the registration cancelled for failure to use the mark in commerce.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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