San Diego, CA asked in Intellectual Property for California

Q: Trademark Infringements and I don't know what to do ... need to find a lawyer to hire?

above - my email is whimsymecandles@gmail.com and my telephone number is 845-797-1574. please leave a message and i will call you right back if i don't pick up. i believe i may need an attorney for this type of issue long-term. thank you!

I rec'd the following email re my trademark and i don't know what to do please: Nelson Rachel A is seeking to register the term CANDLETHERAPY as a trademark (US Serial No.: 90082099) with the US Patent and Trademark Office ("USPTO").

An examining attorney at the USPTO found their mark to be confusingly similar to your CANDLE THERAPY BY WHIMSYME mark. Allowing another party to use a similar mark in a similar market is generally not a good idea.

I thought it would be helpful to send you a quick email to see if you wanted to look into the situation before it gets out of hand and erodes the value of your CANDLE THERAPY BY WHIMSYME trademark (US Serial No.:88827749).

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2 Lawyer Answers
Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered

A: Correct me if I am wrong..

You have a registered trademark for Candle Therapy by Whimsyme. Someone else is trying to register a trademark for Candle Therapy, and the examiner rightly refuses registration because of likelihood of confusion. So they are threatening a fake lawsuit to push you to abandon your trademark. If this is the case, you have nothing to fear. If my understanding is incorrect, it is best to consult a trademark attorney.

1 user found this answer helpful

Omar Darwich
Omar Darwich
Answered

A: Even if there is nothing to worry about now, it would be best to consult with an attorney.

As another has stated if we understand correctly

you own the trademark registration for CANDLE THERAPY BY WHIMSYME.

It appears another individual has tried to register their own trademark called CANDLE THERAPY but the USPTO has cited your mark against them (confusingly similar).

You are not in any sort of trouble, but again there are steps you can take moving forward to protect your intellectual property and ensure there is no market dilution.

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