LadyWhisper
New Member
I applied for a trademark through the state. I was awarded the trademark but was told that I can only use it in the class in which it was giving to me because a very similar trademark is already being used in other classes. I am a small business and don't want to worry about infringing on this rather large organization. That was not my intention. I explained how I felt uneasy to man who I spoke to on the phone at the sec of state office. He assured me that they could not approve the trademark if it conflicted. I asked him about then why it could not be used in the other areas. He said it was because it was close enough to cause confusion. He said they gave it to me in that class so I am protected in that class only. I have no reason to use it in other classes anyway. Should I be worried about this and request to terminate the trademark? It is more an idea I had and haven't used it yet. I am just worried about the legal fees that could result if it is a problem. Would I be sued first or asked to hand over the trademark? What if I don't terminate the trademark but never use it? The trademark forms are so easily accessible by the state I didn't think it would be such a problem or needed to consult an attorney first. I would greatly appreciate any advice. I forgot to mention this is only at the state level. This is not registered in the national trademark database, I checked. I can terminate for a $50 fee of course. If this could be a problem would terminating resolve me of any problems? I have come up with the logo based off of a very popular saying that has been around our area for over 50 years. I use the saying and a symbol. This other organization has had the saying only trademarked for 20 years for ads and clothing, and other small businesses had it trademarked in other classes, one for stickers, the other for food packaging. Like I said it is a popular saying and many others use it as part of the name of their business. I am stressing over this so I would appreciate any advice at all.
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