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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3106
Experience:  Experienced in intellectual property law
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I run a retail store in Wesley Chapel, Florida, we

Customer Question

Hello i run a retail store in Wesley Chapel, Florida, we registered our trademark with the US patent office and this the link to our registeration with the Florida Dept of State
last year, a business opened up almost 8 miles away from me: does the owner of this company violating our trademark ? do i have any thing i can build a case against him, we have received few calls and also some customers who
have confused our store name with theirs, basically , he is using our famous name that has been around for 4 years for his own benefits. thanks
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 2 years ago.
Hello. what is the mark you filed for? (the link above doesn't work, they time out)...I assume you have been using that mark before the other guy has.
Customer: replied 2 years ago.
helloplease go tohttp://tmsearch.uspto.govand search for Serial Number 86405216 or "GADGETS REPAIR"thanks
Expert:  Alex Reese replied 2 years ago.
well the names are ***** ***** you appear to be engaged in the same field, and in close proximity. so if you were the first to use the name in commerce then you would have priority. Since you have seen evidence of consumer confusion then you could have a good case for a trademark infringement claim, so you should consult with a local TM attorney about preparing a cease & desist letter to the other business.
Customer: replied 2 years ago.
hii contacted an attorney in the area and that was his answerQUOTE
Court costs will be about $400 for the filing fee, $10 for the summons, $75 to have it served on the other party. Usually, you will not be reimbursed your attorney costs. There are no provisions for it under the Florida trademark statute. You do have a right to damages from the dilution of your trademark by the GoGo company. But you need to remember your trademark is a lot longer than just Gadgets Repair.
UNQUOTEi have applied for those trademarks since they are available:
GOGO GADGETS REPAIRdo you think that my case will get stronger by claiming those new trademarks? i am also looking for damages from the other party since attorney fees are not reimbursed.thanks
Expert:  Alex Reese replied 2 years ago.
its right that attorney fees will not be provided. those new marks may not help in this case since TM rights are based on use in commerce so if someone is already using a mark and you go out and register may be able to prevent them from expanding but you won't be able to prevent them from continuing their current usage.

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