Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when it´s not her but me who did it. The goods/services she sells are the Name / Letters / Words I used on the Deck but the design of the sentence or name as written & asked for getting the patent are my idea not hers. What can I do? Do I have any right? I chose a rare type to achieve an elegant pro deck to work with the media & institutions worldwide, & now this lady, without my permission has asked to get the trademark & patent on her project using the name of her project as I designed it. Please, advice. I haven´t been asked for authorization. I can show I am the designer of the drawing & also prove this lady has given wrong info. I can prove she has lied & provide with detailed information. SerNum: 98190639

2 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • Beverly Hills, CA

A: The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising, then you may have a copyright claim unless it was a "work for hire" and that depends on the terms and circumstances in which you were retained and paid. Consult an experienced copyright attorney to evaluate the strength of your claim.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is crucial. If the mark is still under application and has not been registered, you can consider filing an opposition during the USPTO's opposition period. Additionally, if the mark gets registered, you may explore the option of seeking its cancellation based on your rights to the original design.

Misrepresentation or false statements made during the trademark application process can also have implications for the validity of the trademark. It's crucial to act promptly, especially if you want to challenge the registration. Given the complexities of intellectual property law and the specifics of your situation, it's advisable to consult with an attorney well-versed in trademark law to discuss your options and potential remedies.

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