Intellectual Property Law

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Intellectual Property Law

Now that I have submitted my trade mark registration successfully…

Customer Question
Now that I have submitted...
Now that I have submitted my trade mark registration successfully I need to submit a letter of dispute to contest the fraudulent application by one of our employees seeking to
hijack the property. Advice please. Is there a simple form or does this require a an attorney or both.

Thank you.
Submitted: 6 years ago.Category: Intellectual Property Law
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1/4/2012
IP Lawyer: Wilton A. Person, Lawyer replied 6 years ago
Wilton A. Person
Category: Intellectual Property Law
Satisfied Customers: 4,147
Experience: MBA, Experienced and Knowledgeable in Intellectual Property Law
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Did the person file a registration for the same trademark or is the person using the trademark or is the person doing both?

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Customer reply replied 6 years ago
Yes they did both. They tried to hijack the logo, its intellectual property name and fraudulently impersonate the company.

JH
IP Lawyer: Wilton A. Person, Lawyer replied 6 years ago

Thank you for your response.

 

How was the trademark filed with the trademark office? Who are listed as the owners of the application?

 

Were the employees officers of the corporation or simply employees?

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Customer reply replied 6 years ago
The applicant was a not a corporate officer, but a hired contractor who performed a marketing function.. BTW, who was not recruited, but found us and promised to assist us in the start up of an ambitious project which they wanted to be involved in.

Its registered under her name, Kimberley Varney. We have tarcked her progress, she submitted this in August of 2011, (also usurped the corporation name which had been allowed to lapse, when we changed names from ZomBcon LLC to ZomBcon International LLC. That loop hole has now been rectified) anyway, as of the 16th of Dec. 2011 her application had been rejected for remedy due to a technical fault of her application. ( but at least we know which lawyer at the TM office is handling her submission if that's of any use.) This is obviously a much larger legal matter but the question is; can this dispute be accomplished by a simple submission of the provided goverment form, or are we better served engaging an attorney to submit on our behalf. At this point we just want to regain control of our intellectual property by providing the evidence of prior art, registration and invention which we have. Later on we will file suit on a range of charges.
IP Lawyer: Wilton A. Person, Lawyer replied 6 years ago

Thank you for your response. Assuming that the person's prior registration has been abandoned or has been rejected, there are no trademark ownership rights that have been vested with this person at this time.

 

If the person does not reinstate the application, there is no need to file any document with the trademark office because there is not a specific proceeding with respect to a trademark dispute pending.

 

Any letter submitted to the USPTO would not be considered because the person's application is no longer active although it would be wise to monitor the trademark and have an attorney submit an opposition if the trademark is approved for publication.

Wilton A. Person
Category: Intellectual Property Law
Satisfied Customers: 4,147
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