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Competitor using same servicemark as ours

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H

Hitek333

Guest
We run a web site providing a service that has been online since 1997.

We've always used the same servicemark - a word created by concatenating common English words, with specific capitalisation like this: XxxxxxXxxxx.

We searched the the US tradmark register and the web when we launched the site - no instances of the word were found. We have not registered the word as a servicemark.

Quite recently, another site has started using an identical word for a similar service. Interestingly, they've trademarked names for other services they offer, but not this one. I'm certain they must be aware that we are using this word.

This could already be affecting our traffic because people searching for the word could arrive at their site instead of ours.

We would like to stop them using the word, but have hesitated to contact them because we don't know the legal ramifications. We would very much appreciate any advice!

Thank you :)
 


L

lawrat

Guest
Unfortunately,

you are going to need to get moving on this ASAP both with registration and attempting to stop them (in this order).

contact a trademark attorney in your state who can help you.

Try either your state bar association or http://www.attorneypages.com

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 
H

Hitek333

Guest
Thank you very much for your quick reply :)

One thing I am confused by though: From what I've read about these things, prior use would give us the legal right to use the name. We can easily prove this, so is registration really that important?

I'm sorry I didn't mention previously (that although the site has always been hosted on a server in the US) we live in Australia, and would have to make a foreign application.

Application seems fairly straightforward... considering the circumstances, are there any good reasons to hire a lawyer, and if so, which US State should we choose!
 

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