Q: I am a small business owner that makes dog popsicles called pupsicool. Pepsi is placing a 90 day extension on my TM app.
Is there a down side to reaching out to them directly in hopes they will agree it is not a conflict and release extension? I am just gaining momentum and ordering more marketing materials. I do not have funds to rebrand. Advice? thank you!
A: It is inappropriate to contact an opposing party when they are represented by counsel. If you think you can resolve your dispute, you should have your attorney speak with their attorney. Also, Pepsi has requested an extension of time to file an opposition your trademark application. This does not mean your trademark will simply take longer to issue. Rather, it suggests Pepsi is investigating whether to initiate an administrative adversarial proceeding to determine whether your mark should be registered or not.
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