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Trademark refused

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amrita

Junior Member
undefinedWhat is the name of your state? North Carolina

Partners and I have a software company that we named SoftForYou and we applied for a stylized trademark last August. At the time we did a bit of searching ourselves and did not believe we would be turned down. To our dismay they refused us on the grounds of another software company located in Germany called Software4U.

We do our business online and our website is our storefront.

Since we have worked hard for 3 years to bring our name to the market, are registered with city and county, have had our company and its internet filter reviewed/ads placed in major magazines like PC magazine and Computer Shopper, have a reseller agreement with some folks in one other country with one or two more pending and etc, etc, we wonder if it wouldn't be best to simply continue as we have been but without the trademark registered.

Also, when they turned us down, they said our sample of how we use our name in commerce was unacceptable, because it was on an invoice. Yet they accept labels - which we do not have. None of this made any sense to me. The connection between sending a sample of how we stylize our name and use it, versus the simple fact of the name itself - our company - is not clear to me. Other than our website itself, which has the stylized form of our company name as a logo in large display, we do not have any other commercial samples that the lawyer said were acceptable and which were also in use at the time of our filing.

We had intended to trademark the name of the internet filter software itself, but are unsure if it's possible to do on our own (do an adequate search). Nor do we want to change its name at this point. The name of our product (iProtectYou) is even more important than the name of our company.

Thanks
 


gwendat

Junior Member
internet law

minnesota

I think if you are turned down for a trademark for your company name, this other company in Germany may not care, and they may...Dealing with international trademark and internet law is very new... you will need to consult a lawyer who is versed in these specific areas. We chose a lawyer who has dealt in these areas and we are very happy with her knowledge and even arranged to space out her bills and time on our company to make it easier to afford. She even traveled 70 miles to our shop and spent 3 hours getting to know us and our company goals etc. Do your homework on this... If you are selling or planning on selling internationally, you will need a good trademark lawyer in your corner that you are comfortable with and like! We spent 16 hours just researching this kind of lawyer before we called 6 and narrowed down to 1!!! We believe she is worth every cent and call her a friend today. Her own daughter even found us new business on their vacation!
Look for a lawyer that you know has the ability for today and for the future, and make it easy on yourself and find one that you honestly like! Good luck!
 

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