martes, 27 de febrero de 2018

Trademark Application Suspended, Advice? entrepreneur how earn by blogging blog

Three months applied I applied for a trademark for "Tuff Doggo"* to sell pet products for hiking/camping/etc. I started using the name in June 2017.

I just received notification from USPTO that my application was suspened because someone else has applied for "Tough Dog" to also sell pet products. They started using their name in January 2017.

They applied prior to my application, but their application wasn't found in the USPTO searches at the time of my application.

Different spellings, but similar names. Same product category.

Their brand focuses on tactical gear for military/police dogs. My brand is focused on pet dogs who go hiking. If that matters...

Option 1: Should I immediately abandon the name of my brand and search for a new one?

Option 2: Do I might I have any recourse to continue using this name / pursuing a trademark?

---Quote from suspension letter (reason for suspension):

"PRIOR-FILED PENDING APPLICATION(S) (Advisory)

The effective filing date of the pending application(s) identified below precedes the filing date of applicant’s application. If the mark in the referenced application(s) registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, action on this application is suspended until the earlier-filed referenced application(s) is either registered or abandoned. 37 C.F.R. §2.83(c)."

*trademark names have been changed

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