Groups: Member
Joined: 9/18/2008
Posts: 2
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Hey guys,
I have a store on Zazzle, not really for profit. I essentially started a brand for myself because I like graphic designing and would rather wear my own clothes. I've gotten a lot of positive feedback off of my designs and have had some random purchases from people of the internet (I have done absolutely zero advertising other than telling friends about it). When I originally started the brand (it is purely through zazzle) in 2011, I looked into getting a trademark but didnt bother because it was expensive and I wasnt looking to really any money. But now it has become more popular and I looked into the USPTO again but its been trademarked by someone else. Their trademark was filed in february of 2012 but I have been selling my things under this brand name since last year.
What should I do? Ive put a lot of time into make my graphic designs and I dont want to start over with a new name (i like my name). Can I challenge this under common law protection? I really dont want to get into a legal struggle. Do they suddenly own the rights to my store name and brand name and products?
Thanks for your thoughts,
Aloha
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Groups: ProSeller
Joined: 2/27/2008
Posts: 2,495
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I guess it really just comes down to money. If you have enough money or think the name will generate enough money for you, then you can file an appeal to challange the mark and then attempt to re-apply your own.
Unfortunately for most of us this is not a feasible option. If we were really making or going to make that much money from reference to our name, then we would be with the commercial lines here and not regular shop keepers.
I attempted to go thru the entire process one time, and after 3months and possible fee's graduating up over the $3000 mark, I figured it's just not worth it.
While a basic trademark may do wonders for our ego's, unless you got the money to protect it and pursue it, imo just not worth it.
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Groups: ProSeller
Joined: 1/29/2010
Posts: 638
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Are they using the name for the same type of products that you're using the name for?
I think it's okay to use a trademarked name if it's for a different class of goods, also you can use trademarked names if your in a different area sometimes...
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