New to this trademark thing, have 7 days to figure it out or else

[ChadDa3mon]

What is the name of your state (only U.S. law)? MI

I hope no one is offended my total lack of understanding in this area. I've went through the threads here and done some basic reading on Wikipedia and the uspto, but this is for my girlfriends business and I'd like to get an understanding on things.

She has her local massage company named 'Hand and Stone Massage' and just got a phone call today from someone claiming they had the trademark on any name with the words 'hand' 'and/&' and 'stone' in the name.

It seems difficult for me to believe someone can just trademark such common items, and the fact that there was no actual document given, just a phone call stating she has 7 days to change it leads me to wonder how real this is.

I've tried searching around on http://tess2.uspto.gov/ but frankly I don't understand what I'm seeing. There's serial number 77684980 or registration number 3684708 (I don't know what you'd need to see what I'm looking at), but it was also filed earlier this year.

So, if my girlfriend can prove she's had the name before this was filed, can she fight it? Does this guy have a legal leg to stand on in this?

And again, I apologize for asking such horrible newb questions. Generally I can't stand people who just ask for help and don't do anything to help themselves, but a 7 day deadline has put me in a rush.

Thanks in advance for any advice you can offer on this,
Chadd

 

[Mass_Shyster]

This entry matches the numbers you've given. Hopefully one of the seniors can help you with this one.

Trademark Electronic Search System (TESS)


There was a recent local case where a small barber shop named "Sports Clip" changed their name because another business across the country was named "Sport Clips", and told them they couldn't use that name. It was easier/cheaper to change the name rather than fight it.

 

[divgradcurl]

If your girlfriend can prove that she was using the mark prior to registration, then you should be able to mount a defense, if it comes to that.

At this point, all you have is a letter. You haven't been sued. You can choose to respond or not. If you choose to respond by saying that you have used the mark prior to their registration, they may either go away, or may file a lawsuit. Nobody can say for sure what will happen.

As far as "how real it is," the is a mark matching those serial numbers for "Hand & Stone" applied to massage services, so if they are the real owners of the mark (or are otherwise agents of the owners) they have what appears to be an enforceable mark.