QUESTION
What do I do if someone is claiming to have trademarked the name of an item I am selling?
Asked on Jun 04th, 2011 on Patents - Oregon
More details to this question:
I started a business online selling a product. The name of the item is also a description of the item use. I am being told that I can not use the word because it is a trademark, what can I do?
2 ANSWERS
You can stop selling it. Or, you can check with the USPTO to see if their mark is trademarked. If it is, is there a likelihood of confusion between your product and theirs? Are they willing to accept a royalty under a licensing agreement (or are you willing to pay one)? Is the trademark vulnerable to being canceled? These are all things to consider, and of course, litigation costs money and time.
Answered on Jun 08th, 2011 at 3:10 PM
It is impossible to trademark merely descriptive words or if someone has been using the mark for the same item.
Answered on Jun 08th, 2011 at 2:52 PM