Got My First C&D

[wildangel112]

Looks like it's my turn to bite the bullet and see what comes of it. Seems this woman finds our Blue Moon Candles & Gifts name too similar to her Blue Moon Candles. True they are very alike, but I found it funny that her letter is stating that it was trademarked in 1993 and according to the USPTO, it wasn't until 2006. When we chose the name in 2002, there was no listing for it that we found. She claims to have sent a certified letter, which I have yet to see any sign of. I'll be seeking legal advice to see how I should proceed from here. I've worked a little too hard to bring my business to the level it is to give up my name at the behest of an email.

Sorry I got a bit wordy :embarasse . Just needed to vent a bit. Will post back when/if anything develops.

Rena

[Nodtveidt]

But did you apply for a trademark as well? You should have if you didn't...it's always best to trademark your name so it can't be subject to these kinds of baseless attacks.

[candlesprite7]

Good luck with it Rena, Keep us posted. I'm Rootin' for ya!

[sassy-girl]

There's a very tricky thing about trademarks that most people don't understand. When a "mark" is issued it is based up the image itself. It has nothing to do with the actual words, but the way the words look. If you have documentation that you have been using the Name ( ie invoice, tax certs, etc) that will be in your favor.

[Darwin]

Good luck Rena!

[Vicky_CO]

Here is what I found just in the first 20 of the search. The first 2 both have the TM by the name saying they are trade marked.

http://www.bluemooncandles.com/

http://www.bluemooncandlecompany.com/

http://www.bluemooncandles-n-gifts.com/

http://www.thebluemoon.co.uk/acatalog/Candles_.html

http://hyenacart.com/bluemoonbath/

[Darwin]

Rena, I am curious to see how this all unfolds. I hope it works out for you. Please keep us updated.

[Rob in tx]

Here is a statement from the US Patent and Trademark office. You can use the TM mark without registering it with the USPTO. As long as you can prove you have been selling your products legitimately under that name first.

Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

• constructive notice to the public of the registrant's claim of ownership of the mark;
  
• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  
• the ability to bring an action concerning the mark in federal court;
  
• the use of the U.S registration as a basis to obtain registration in foreign countries; and
  
• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration

You can go to the USPTO web site and get a lot of information.

They also have a number that you can call during business hours and they will answer any questions on Patents or Trademarks. They are very helpfull when you call.

www.uspto.gov

HTH Rob in tx

[BubbleBath]

Oh Rena, I'm so sorry to hear about your troubles. Best of luck.

[candlebug]

Doh Rena sorry this has happened.

When I first met you I do remember asking you if you knew there was a Blue Moon Candle Supply and how that may affect you getting a website. I hope you can resolve this. Good luck.

[cestlavielumiere]

I am very sorry to hear that this has happened. I am just starting or should say, gathering the necessary forms to start a small business making candles from my home. Everyday I learn of some new form or fee. Also, I can see why people do not undertake starting a business because of all of the hoops the government makes you jump through. We are trying to do all of the legal work as much as we can on our own. I admire your courage and determination. Keep your chin up. You obviously must be selling well for that individual to feel threaten by you. I hope that everything works out for you. I wish the business world was not so "tic for tat" but unfortunately it is and the currency of the realm, the all mighty dollar and climb the ladder to success without care for who gets stepped on or bumped off in the way has been a big issue. Good luck, don't give up !

[NicolezCreationz]

hope it works out for u az well