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Attorney2020
Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2578
Experience:  I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
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We have issued a trademark request (few days ago) for a company

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We have issued a trademark request (few days ago) for a company name of "columbia escapes". We are trying to figure out why they possibly might issue us a trademark on "columbia escapes" and not "columbia expeditions" which expeditions was termed "no exclusive rights to expeditions".
Number 1) What is the diffrence?
Number 2) what are possible outcomes from the trademark office for "columbia escapes" as we have just issued this trademark request a few days ago?

Attorney2020 :

Hello:

Customer:

hello

Attorney2020 :

!) The difference is the name "expeditions" and "escapes". The fact that expeditions has no exclusive rights meaning that expeditions has already been taken.

Attorney2020 :

@) As for the possible outcome, the trademark office can file your reuqets and grant you exclusive righst over that name or deny your request again my stating that no exclusive rights exist for that name because that name has been taken. Typically a trademark search could be a great way to weed out potential conflicts in trademark names.

Customer:

Well there are other companies like "latin escapes" so that means its taken. However the us trademark will let you trademark "term escapes" but not "term expeditions". At least that is what I have seen.

Attorney2020 :

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.


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Attorney2020 :

Just beacuse other companies exist with that nemae does not mean that they have protected their trademark. Unfortunately, many companies think because they use their name, it is protected. By registering your trademark allows you to have exclusive righst as to that name.

Customer:

This is rediculous... 2nd time someone answerd my question with a answer that is obviously not from an attorney.

Attorney2020 :

Excuse me, do you have another question? Your question was fairly simple, where I provided you with an accurate answer. Further, I must admit I am an attorney and I apologize if you think otherwise.

Customer:

sorry my service on just answers did not show your responce - not your fault All i saw was that your were disconnected. How can I correct this

Attorney2020 :

Please clarify any further questions that you may have related to this matter?

Customer:

Can you tell me if "Columbia escapes" sounds like it will be an accepted trademark

Attorney2020 :

Unfortunately, I am unable to guarantee that the name will be available. A simple google search of that name might lead to some indication on whether the name is available. If the name does not appear after the search, it is highly likely that the name will be available for trademark registration purposes.

Customer:

it is available but is it generic enought to where others can use it?

Customer:

it just seems like a generic search term like columbia vacations or columbia expeditions.

Customer:

is the same as columbia escapes

Attorney2020 :

As long as you have a trademark registration at the state and federal level you can refrain from anyone else using that name. You can immediately send a cease and desist letter and stop all others from using that name.

Attorney2020 :

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

Customer:

What if they used the team before me

Attorney2020 :

If they used the term before you but have not registered the name, you will have the rights.

Customer:

okay thank you... i will set you up on good service. Although I think the law saws first use has rights.... I wonder where you lawyers go to school sometimes. TY

Attorney2020 and 7 other Business Law Specialists are ready to help you
I must say the first to use under tradmark law in the US gives the first person that uses the trademark rights under common law. But if this mark is not registered, they are limited. You can file for registration, and in order for the previous alleged user to stop you from using the name, they will have to sue and prove that they used their trademark before you did in the stream of commerce. Imagine how costly and difficult that would be. Lastly, I love the cynicism. Maybe you should try your luck in law school my friend.
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