Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
you should have common law TM rights that are superior to hers, so i suggest registering your mark asap
I assume you have been using your name longer than they have used theirs
Yes, I have been using mine since 2005, and it appears she started her business just a month ago.
What can/should I say to her?
sorry i lost contact
you can send her a cease and desist letter
which point out your TM rights and usage of the mark, nad indicates that her mark is similar and being used in the same class of services...and is likely to cause consufer confusion
it is best if it comes from an attorney though...since it wil be from you and may not be written properly
did our chat get erased?
did you see my comments about a ceas and desist letter?
Yes, sorry, I had to go quickly walk a dog.
How do I go about getting a cease and desist letter? If I need it to come from an attorney, how do I find someone who handles this field, and is inexpensive?
Oops, ...if IT needs to come from an attorney...
it doesn't have to be from an attorney, but its definitely preferred, otherwise you have to figure out how to write it yourself
any TM attorney that does litigation can do it
What kind of attorney do I look for?
yes. you should try to find a local one.
one that you can meet with.
How much do you think that costs? Generally speaking?
depends on the billing rate of the attorney and if any research is required etc....but at least a few hundred dollars
you can always get an estimate from them before they do work or arrange a fixed fee perhaps
If I can't afford it, is there some kind of guideline for writing one myself?
sure you can find samples online
My mother works in a law office down in Los Angeles, I could possible get guidance on wording. They do insurance law though.
What do I google for samples?
trademark case and desist letter sample
Any other suggestions before I sign off?
well you also want to speak with the attorney about registering your mark...
There's a way to do it online at http://www.nolo.com/products/online-trademark-application-nntrd.html
Is that acceptable way to go about it?
yes, but the guidance may be limited and you may not want to be the one doing the filing and handling the application
there are many potnetial mistakes you can make....and that equals wasted money on the application and the service
there are no re-do's or refunds when filing witht he PTO
I'm a small business with no budget to work with, and finding out about the other sitter last night has thrown a major wrench in my wallet.
I get that.
I see, well you will have to study up if you want to file yourself to try to avoid mistakes
best of luck!
Thanks so much for your help, Alex!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).