Legal Question in Business Law in New Jersey

There are number of considerations to deal with here and I have more questions than answers at this point. If you want to call me, I would be happy to consult with you about it and there is no charge for that call. It will come down to whether the guy in CA was doing business in your market area before you were OR whether he actually has a federal trademark registration.

That said, your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property.

Again, if you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Two issues to consider:

1) Should you be worries about this person? This is not how a typical demand is made in the context of a trademark dispute so unclear how serious the person is. However it is impossible to say what this person may or may not do. Best remedy is to have an attorney respond in a swift and clear manner

2) The second issue is about protecting your name. This is an opportunity for you to protect yourself by registering a trademark. The process is not expensive and if everything goes well within approximately 6 months you could have your own trademark registered.

BTW, the response letter is not expensive either. Often times harassers like this person disappear once they see push back from an attorney.

Ping me offline for help on this,

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.