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Roy Hadavi
Roy Hadavi,
Category: Business Law
Satisfied Customers: 758
Experience:  Attorney at Law Offices of Rosenstein & Associates
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How can I enforce my trademark while? My husband is US

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How can I enforce my trademark while I am OCONUS? My husband is US Military. I still do business in the US by shipping my products to customers and have others who sell my products in the States as well. A celebrity has begun using a confusingly similar tagline to promote their products. When I sent them a cease and desist, they told me that I am not in the US and therefore my trademark is abandoned. I know this is not true. But it looks like I will have to get a court order to enforce this as Facecook and other social media sites have not responded to my reports when they normally have with smaller businesses who've used the exact same wording...they took those down. But I guess since this is a celebrity, they have not.
JA: Is the trademark federally registered?
Customer: Yes it is.
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No, I am in Germany. I have called a random attorney I found online who concurred that I have the right to enforce my trademark. No, nothing has been filed in court from me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's it, thanks!

Hi. My name is ***** ***** I am a licensed attorney with extensive trademark experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

The attorney that claimed your trademark is abandoned does not know what they are talking about or was hoping that you would believe the statement.

In order to enforce your trademark, if the cease and desist letter did not work, you will have to file suit against the infringing party. This act alone may make the infringing party realize that you are serious and they may agree to settle the matter. If not, you do not have to be present in court, only your attorney will need to be present. Also, most courts allow court-call, which allows individuals to conference all in for court hearings.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Customer: replied 29 days ago.
Thank you for your quick response! If I file suit, does it matter what state the attorney is in? Would it have to be the state the infringing party is located in? I feel it is coming to that and I want to be sure I contact an attorney in the correct location.

You are very welcome.

Yes, the suit should be brought in that state that the infringing party is located in or the state in which the infringing acts occurred (if they happen to be different).

Customer: replied 29 days ago.
Thanks for the information and reassurance. I really appreciate it :-) . You have yourself a wonderful week!

You are very welcome. Have a good week as well! I am glad I was able to help.

Please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.