When you set up your business, don't bother trademark your business name. I went through this, and 3 years later I have a company using my name , they just added customize in front of it. I went to the business first and they told me they can get away with it, and if I don't like it its tough. I called a lawyer and he told me it would cost me 300.00 to send a cease and desist letter out and that the other company could then take me to court making me spend 5000.00 to 50,000.00 to get the matter solved. I sit hear and think why did I even trademark my business name, unless you have a big bank roll its not with it. So instead if this guy starts putting out below standard product, he will run me out of business........... I try to protect the name and he gets away with this..This is what's wrong with the small business laws.
Feel for you man, big companies can certainly push there weight around so much more and walk all over the small businesses. Thanks for the advice though, im sure you'l save someone else getting caught the same way
I'm sorry to hear you are having trademark issues. Yes, it can get expensive if you need to contest a trademark. Here's the USPTO FAQ about issues like this.
How do I contest someone else using a trademark similar to mine?
http://www.uspto.gov/faq/trademarks.jsp#Other002
I wonder if anyone else has experiences contesting trademarks they would like to share?
The US Patent Trade Office suggests that small businesses report theft of intellectual property by calling
1-866-999-HALT(1-866-999-4258)8:30 a.m. -- 5:00 p.m. ET Monday-Friday
Learn more at stopfakes.gov
Sadly, being right is really only part of the battle these days. without the resources to prove it and make it stick in court it doesn't matter an inch. Mind you, if you are sucessful I think you can add your legal fees to the damages can't you?
It sems that there is little a person can do if someone really wants to steal from you. Since the market is so world wide now, laws do little. The best approach, IMHO, is to just keep going forward. That doesn't mean we become door mats, just that we keep moving forward!
JonMac1 | Window Shopper | 1/12/2010 - 2:58 pm
teamextension | Contributor | 1/13/2010 - 11:59 pm
NicoleD | Former Moderator | 1/15/2010 - 9:04 am
mrhelpful | Contributor | 1/19/2010 - 9:39 pm
stevet | Performer | 1/28/2010 - 7:43 am
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