Answer

We are unable to discuss matters in any manner other than this forum.

In order for them to cancel your mark they would have to prove that they had the mark registered before you or that their mark is similar to yours such that your mark would create the likelihood of confusion. However, under the Landham Act, your registration of the mark is absolute evidence to your right to use the mark and their use of the mark or similar mark in commerce when their mark was not registered is not sufficient for the cancellation of your mark, the most they could obtain if they show they were first to use the mark in commerce would be to obtain a limited geographic use of their mark in their sphere of commerce. The problem is that as a company, in the US, you need to hire a trademark attorney now to litigate this matter, since corporations cannot be represented by owners/shareholders or members of the corporations in court matters. The best place to find a trademark attorney in the area where the action will be litigated is the same site used by other attorneys, http://www.martindale.com

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Expert:	PaulMJD
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Answered:	5/13/2009

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