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  #1  
Old December 13th, 2011, 07:53 AM
afcbob afcbob is offline
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Trademark help

Hello am looking for some help with a trademark problem.

I have had a company saying am breaking trademark laws as am using a word they are using. the word is Swapz and i use it as Carswapz and they use it as Swapz. They say due to them having it trademarked i need to change it.

Is this right.

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Old December 13th, 2011, 04:43 PM
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Do they actually have a trade mark on that work?

If they don't, I'd be more inclined to forget about it and let them complain.

If they do, then either give up the domain, and name, or get a good copyright/trademark lawyer. This is NOT something that you'd want to fight yourself, especially if they have a bit of money to throw around on things like this.

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Old December 13th, 2011, 05:38 PM
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Here's what I found

Quote:
Word Mark SWAPZ
Goods and Services (ABANDONED) IC 025. US 022 039. G & S: Convertable footwear with interchangeable stylistic elements
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77242263
Filing Date July 30, 2007
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition January 15, 2008
Owner (APPLICANT) David Morrow INDIVIDUAL UNITED STATES 1840 E. Brocker Metamora MICHIGAN 48455
Attorney of Record R. Scott Keller
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date May 11, 2009


Somehow I get the feeling that the complainant is not this party.

Is this an official cease and desist from a law office or a "dude, you shouldn't use our wordz, cuz" email from some schmoe? That really quite a difference.

If you do see yourself fighting it, yes, you should consult an attorney. Trademark suits can get ugly. However, if you have nothing in common with their business (you trade cars, they sell footwear ...) then you have a good chance of prevailing, if only after a lengthy and expensive legal battle.
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