Accepted Answer

Actually, according to the US Patent and Trademark Office the term Profit Now is a dead mark, meaning they failed to renew . However, they could try to claim common law rights over the mark showing first in use and continuous use, but this still could allow you use of the similar term as you would argue your use is merely descriptive of what you are doing and not subject to any likelihood of confusion with the other mark. You can write them a letter telling them this and if they continue you will need to sit with a trademark lawyer to defend against them.

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Expert:	PaulMJD
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Answered:	10/12/2009

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