how some one can tell me i can not use in my website (gourmet healthy chocolate),because the trade mark (healthy chocolate)?
State/Country relating to question: North Carolina
we just received a letter from a lawyer that we cannot use these two words (healthy chocolate) they say that they trade mark these 3 months ago. the name of the company is xocai or mxi corp. we are in the chocolate business and some of our distributors use the phrase or tag line "gourmet healthy chocolate" in their websites so how can this be serious in this kind of context? should we take this seriously?
for example this is one our distributors she has no logos about our business but she distributes our product. http://gourmethealthychocolates.com/
are you usihng "healthy chocolate" as a trademark / brand name? if so, for how long?
if you are just using the term in a descriptive way then there is nothing wrong with that
we are just using the term to describe the quality of our product it is not a trademark or logo or brand name
has the other company used "healthy chocolate" as a TM for a long time? are they well-known?
most likely they have a weak/no case
matter of fact we are using "ChocoNat the wellness chocolate" ChocoNat is trademarked
the MXI corp has been in business for 9 years but they trademarked "Healthy Chocolate" 3 months ago.
the only issue would be if they have been using the "healthy chocolate" mark and you use the same mark in a manner that causes consumer confusion....but if you are using it descriptively then there is no TM issue
they could only prevent subsequent users (not pre-existing users) from using that mark, IN A TM CONTEXT
not for purposes of description
so I don't see you having a problemn here
what do you mean by subsequent users ?
users of the mark
i.e. who started using the mark first...you generally cannot stop pre-existing users
they are looking to intimidated us , because we are a threat to them?
so what is the answer to this lawyer letter
well it would be best prepared by a TM attorney
yes i am ready for that
but essentially you would say that you are not violating any rights they may have in the mark
they have some of there distributor use wellness chocolate to ?
that your are not using the TM in a TM context, or in a manner that causes consumer confusion
??....not sure about your last question, but that's really not your concern
just focus on your own use
can you write that letter for me?
for example, there could be 1000 infringers out there, and they could single you out if they wanted to
there is no "fairness" rule
no I cannot
neither can any other expert on this site
that requires an attorney-client relationship
that's not what the site is set up for
from your last sentence: what do you mean by that:
im saying you shouldn't worry about what others are doing
because legally it doesn't matter
so this letter is to do what?
the letter we receive?
it ridiculous ?
well they are apparently accusing you of TM infringement in some manner
but we have to answer or not?
you don't have to, but its in your best interest to respond
who can help us to write that letter and what can be the cost?
you have to find a TM lawyer in your area
attorney rates vary, as do billing structures
it depends on whether some research is required or not
it may be a few hundred dollars
but could be more, they will let you know ahead of time, you can shop around a bit
few hundred dollar and some research?
I really can't say...it depends on many things
it not a lot to research
there is no way to give you a useful estimate
it take you 10 minutes to find out it no case in this matter?
ok thank you
from the limited info, but your attorney will have to dig deeper than I have here
but not much perhaps
best of luck!
how i can get the transcript of our conversation?
Experienced in intellectual property law
you can just copy/paste it. but this Q&A is not something that you can present to someone as a legal opinion etc. this is just for your personal information.
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