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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 239
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Can you really protect yourself from filing an trademark intellectual

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I need some help & input on protecting what seems to be a trademark I will be granted in the apparel classification because I have proven that I was first in commerce with physical proof,bank statement,& everything & anything a USPTO AGENT WOULD NEED OTHER THAN THE ARROGANCE OF AN ARTIST NAMED JUSTIN BIEBER THAT ACCORDING TO MY CEASE & DESIST LETTERS SO FAR, WHICH HAVE GONE IGNORED AND THE SUDDEN NEGATIVE ATTUDE OF MY ATTORNEY OBVIOUSLY KNOWING THAT NOW THAT I HAVE FILED WITH HER IT DOESNT MATTER WHO IS WRONG OR RIGHT ACCORDING TO HER BUT WHO HAS THE HEAVY POCKETS YET SHE WASNT SINGING THAT GAME WHEN I FILED A TRADEMARK WITH LEGAL FORCE TRADEMARKIA.I THOUGHT ATTORNEYS WERE SUPPOSED TO BE POSITIVE WITH YOU TRYING TO COME UP WITH CREATIVE IDEAS AND WORK TOGETHER TO ACHIEVE THE SAME GOAL. I had heard bad stuff about Doctors and Attorneys but until I got deathly ill and dealt with my first attorney these past 3 years how can I sit here and say most of the bad rumors were not correct. Sure look like theywere so far or it must seem that in the two fields you must catch a great soul which cathing a great soulin life is almost impossible anyway but to hop Goog Old Luck shines its good soul rays on you not only once but blesses you twice with two incredible souls really sounds like I have better chances playing the potter the rest of my life at every turn hoping to become a thousand air, not a millionaire but I would settle for the latter for what life has put me through so far is quite unfair and I know life's not fair but at the end of the day I ddi 't ask to be brought into this life and then over achieve only to get sick and then be shot down by green and I could go on in negativity but its getting me no where.

 

Long story longer please add as much help to see what the purpose of filing an trademark intellectual property that is hands down your property, when in the current moment is in the hands of the uspto. I was a former pro athlete on a championship team in 1998 and sponsore our official practice gear called nsn never say never with a BEAUTIFUL LOGO THAT LOOKS RETRO LIKE OAKLEYS BUT INSTEAD OF A CURVED O ITS A RETRO CURVED N. IT IS sourced many times over on Wikipedia ESPECIALLY ON A PAGE DEDICATED TO ME THE FOUNDER NICHOLAS NIXO EFTHIMIOU WITH MY BIO AND ACCOMPLISHMENTS WITH REPUTABLE SOURCES THAT HAVE BEEN ON WIKIPEDIA FOR YEARS NOW ALONG WITH A PROFESSIONAL SOCCER WEBSITE AND MANY OTHERS. if not all over every social media site way before Justin Bieber was alive and I have filed it in the apparel uniform classification way before Justin Bieber was even alive and now after I have filed the process only now my attorney says its going to cost you an arm and a leg if I want her to stop him from using it in a it Cease and Desist letter and if he doesnt stop because he has more money, that she will have to charge me a lot more than I can afford. What happened to filling. Why didnt she tell me then. I know why because I have been making,selling art,patents,copyrights fo35 years almost. Im not an attorney but not an novvice. I NEED HELP PLEASE?

Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  montysimmons replied 1 year ago.

 

I can help you.

 

What I can guarantee is that the information I provide will be true and accurate to be best of my knowledge.

 

 

What I cannot guarantee is that I will tell you what you want to hear . . . only that I will give you accurate information.

 

 

Let me review this NSN mark history for a bit and I will get back to you.

 

IF you have a trademark or trademark application pending and have some type of identifier (serial number, registration number, etc.) that information would be help to me.

 

Thanks for your question.

 

UPDATE

 

What I have found so far.

 

You have an application pending:

 

Serial Number: 86014618

International Class : 025

 

Identification:

clothing, namely, tops, bottoms, headwear, footwear, socks, shoes, athletic uniforms, shirts, pants, shorts, dresses, skirts, blouses, jackets, sleepwear, swimwear

 

 

According to the application:

 

 

The first time you ever used the "NSN Never Say Never" phrase in commerce was: January 1, 1998

 

and

 

The first time you ever used the "NSN Never Say Never" phrase was also January 1, 1998.

 

 

Your Face Book Page states the following:

 

NSN,Never Say Never Inc., was founded by Nicholas Nixo Efthimiou in 1985,& became into fruition in 1990. It's an ideology that's stamped on many products but it's a blanket of ideas that represent.

 

Thus, the 1998 date for first use seems suspect. Need a little more information here.

 

The only connection I see to Justin Bieber is the song titled: "Never Say Never".

 

Now, just a quick comment for now:

 

(1) You will not be successful in stopping Justin Bieber from using that song title.

 

(2) However, if he or others is selling clothing with the "Never Say Never" phrase, you have a stronger case.

 

 

I will keep reviewing the relevant issue.

 

 

 

 

 

 

 

 

 

Expert:  replied 1 year ago.

 

OK, I have reviewed the issues.

 

Would you please rephrase your questions and present them again.

 

Thanks

montysimmons, Patent Prosecutor
Satisfied Customers: 239
Experience: Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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