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this one is a close call, but I would tend to agree with you since there are only 1/3 words in the name in common and "alchemy" is somewhat generic given the goods involved (although that last point is debatable)
There are alot of businesses who also use the word alchemy, though they are not candlemakers. This seems to me to support the idea that alchemy is also generic enough for me to also use, as it is a word used ubiquitously in the craft. Would you agree, given the fact that there are other registered trademarks using the word alchemy?
You may want to see what the USPTO thinks and if they allow it then that shoudl give you more confidence that there would be no legal problems (but the fact that the PTO grants your TM does NOT mean you are legally "cleared" to use it...I know it doen't seem to make sense, but TMs can be found invalid due to being confusingly similar to other TMs)
Yes, if the reality is that "alchemy" is a commonly used term in the business then that helps you
How would I find out what the USPTO thinks?
If the other candlemaker user wanted to stop me from using my business name, and sent me a cease and desist letter, what would be the chances that this other business would succeed in a legal conflict, given the generic-ness of the word alchemy?
I meant by submitting your TM application, which is examined by the PTO
Ok, on the first question.
This other candlemaker started using the word alchemy in her business name after i did. We both sell on Etsy.
but she has applied for a TM first.
They would have a hard time showing consumer confusion if that term is common, esp. given the 2 other words that are different
She hates me and slanders me on her FB business page all the time.
and the word "Alchemy" alone would be hard for them to have exclusive rights to given what you have said about the commonality of the word
I am worried that she might try to bully me.
She tried to claim she had the sole legal right to make and sell black drippy candles.
The best solution of course, to save all this hassle, would be to drop the "alchemy" from the name...but I understand that you wnat to use it
I'm known by this name.
I think you have a decent position
She sent me a "cease and desist" letter to stop making black drippy candles. Of course, I ignored it. You clearly can't trademark black drippy candles, even a layperson like me knows that.
She is trying to destroy my business.
Because I am her top competitor on Etsy.
So, if she sends me a cease and desist letter on my business name, you think I am in a position to defend my name?
and can safely ignore it should she do that?
as I did with the black drippoy candle attempt?
This woman has gone to some incredible lengths to destroy my business and intimidate me - she inflames her FB readers to send me feces through the mail - this is the kinds of things she does.
I could probably prove through Etsy records (hopefully) that I actually started using the word alchemy first.
wow, well yes I think you can ignore her because if she really wants to take it to the next level, she will have to hire attorney to write you letters and/or sue you....which means spending money, and most people will not do that unless they think they have a real case
and then she tried to claim, I "stole" it from her
any evidence of you use, esp. prior use, will be very important
do you think she has a real case?
I don't, but I'm not a legal expert
she also tries to claim that I am causing confusion in the market
also, you should document and keep records of all the harassment, if she tries to push harder, you can threaten to sue (or actually) sue for her interference with your business etc.
best of luck!
by selling candles and using the standard kinds of packaging available in the marketplace to sellers of products I sell
I mean, let's be real, there's only so many things a person can do with candles
Ok, so to to make sure I understand - you think I have a pretty good chance of obtaining my TM for my business name and that I have pretty sound case for depfending my business name should this woman try to hassle me?
great, thank you for your help