How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111480
Experience:  Attorney practicing all aspects of copyright/trademark law
10285032
Type Your Intellectual Property Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I recieved a notice of petition to cancel trademark that I

Customer Question

I recieved a notice of petition to cancel for a trademark that I just registered last year. What do I really need to do? - I've been contacted by quite a few law firms and lawyers already.
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file an objection to the petition to cancel your mark and you are going to have to show how the mark is not similar to the challenging mark. It is now going to be up to you to prove in your objection that your mark shows no likelihood of confusion with their mark and as such your mark should be held to remain valid. You are going to need an attorney of course to file the answer, but that is what you need to do.
Customer: replied 11 months ago.
Thank you for your prompt reply. Would you kindly let me kmow how much I should expect it to cost me to file the objection?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Well, for a trademark objection you must have an intellectual property attorney and typically to handle an objection they charge anywhere from $2500-$5000, depending on the attorney and their experience in these cases.
Customer: replied 11 months ago.
Thank you again for your prompt response.I see, that is a little hard to swallow since after checking the registration of their trademark I found that it was registered after my trademark and is also for a class that different and unrelated to mine - 3D printer vs. home audio, furniture & tableware.Is there anything else I can do (such as file a counter petition to cancel against their mark, contact the company directly or get on social media)?Best Regards,
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I understand that legal fees can seem excessive, but if you do not object to their challenge and lose your trademark you can lose much more than the legal fees to defend your mark. Your attorney will, as part of the objection file a counterclaim against their mark, but you still have to respond to the petition to resolve this matter or lose the mark.
Customer: replied 11 months ago.
Thank you for illuminating.Would you be interested in acting on my behalf? If so how much do you charge?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I am very sorry, but in accordance with state laws and site rules we experts on this site are forbidden from representing anyone in any legal matters. We are restricted to providing only information to customers so they are educated about their options so they can choose how to proceed.
If you need a local intellectual property attorney, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 11 months ago.
Thank you
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you.
Please do not forget to click on the stars at the top of your page to leave positive feedback for the expert as the experts are not employees of the site and get no credit for spending time with customers unless the customer does so. Thank you.

Related Intellectual Property Law Questions