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).
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
