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BH
BH, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 313
Experience:  IP and Entertainment Attorney
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what if I trademark our business as doorsavers all one word

This answer was rated:

what if I trademark our business as doorsavers all one word and change our d.b.a. to reflect?

bridgeth :

You will likely still have an issue with that. Again, the test is whether the mark would be confusingly similar to a consumer. Not having a space in between is likely not enough of a distinction.

Customer:

does it matter when they started to market their product?

Customer:

and does it matter that they have waited 4 years before telling us this?

bridgeth :

what do you mean by when they started marketing their product?

Customer:

as in if they trademarked and didn't begin their business until later

bridgeth :

As for failure to enforce the trademark - there have been case surrounding this but the time frame was more like 40 years, not 4 years. 4 years would not be seen as so long as to waive the right to enforce the mark.

bridgeth :

Well they filed a 1A application which means that they attested that at the time of filing the application they were actually using the mark in interstate commerce.

bridgeth :

And presumably provided evidence of such.

Customer:

sorry just thinking of any options to avoid

bridgeth :

They claim that it was first used in commerce in July 200.

bridgeth :

2006

bridgeth :

I understand

Customer:

thank you

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