OtherGround Forums Need some Trademark advice (Canadian TM)..

9/6/16 12:48 PM
Posts: 2902
Long story short, I ran an e-commerce company close to 14 years ago and I applied to trademark a few names both in Canada as well as in the US. I was looking through some paperwork this past weekend and noticed something. One of the trademarks I applied for was open (nobody held the rights to the name). I discovered that a company with the name had applied for the trademark 6 weeks prior to me applying for it but when I did the search back then I could not find the said company owning the right to the name. After doing a little more digging I find out that the Formalized date of said company was 6 days prior to my formalized date but (as I said above) the filed date was 6 weeks apart. The said company (who added the Claim "Used in XX since at least as early as 1999) other dates are also too close to be a coincidence imo (see below). I ended up abandoning (not going through) with getting the trademark and the company I mentioned above ended up getting it using a big Trademark law firm whereas I did it myself (the initial application). Anyone think there was some funny business going on where the company was tipped off and the dates were "modified" in order to work in the favor of the company that applied for the TM name at the same time I did? Also, I assume there is nothing I can do about it know?

As a side note, I trademarked other names not specific to the bigger company during the same timeframe (13 in total).

Many thanks for any help / advice

Timeframe of when I applied for the TM name:

Action Information
Filed 2002-06-18
Created 2002-06-19
Formalized 2002-06-19
Search Recorded 2003-04-22
Examiner's First Report 2003-04-28 2003-08-28
Default Notice Sent 2003-09-23 2003-11-24 Defaulting Action Date: 2003/04/28
Abandoned - Section 36

Timeframe of when the bigger company (which would have been my competitor) applied for the TM name:

Action Information
Filed 2002-05-03
Created 2002-05-08
Formalized 2002-06-13
Search Recorded 2003-04-15
Examiner's First Report 2003-09-05 2004-01-05
Approved 2003-12-29
Extracted for Advertisement 2004-01-14 Vol.50 Issue 2570 2004/01/28
Advertised 2004-01-28 Vol.50 Issue 2570
Allowed 2004-04-16
Allowance Notice Sent 2004-04-16 2004-10-16
9/23/16 6:35 AM
Posts: 38458
Let's assume there was lots of funny business. Now what? What are you wanting to do today? How much are you willing to pay to do it?