Well gang I have a HUGE challenge ahead of me and you guys and dolls are the ONLY ONES who can help me.
I went to file a trade mark for the Rider Friendly Business Association today and guess what...Best Western has Filed an application for Rider-Friendly
Now I have to either pay $750 and get someone to help me file a dispute because I have been using the name longer than they have OR I have to rename our business association, the phone book and re do ALL of my marketing materials.
So what I need is this:
IDEAS for a new name OR
Money to hire a trade mark agent - spending upwards of two - four years in court
Their mark in Canada could be registered around the 20th of March unless I file really soon to dispute it. I own the domain name and have been using the term Rider Friendly for a long, long time but if they get their mark it means that NO ONE is going to be able to use that term in ANY kind of advertising or marketing. I didn't even realize you could trade mark a term like that.
I have a call in to their agent and I cross my fingers that my negotiations/talks with their agent here in Canada go well. Not much else I can do at this point...
We little business people who are under funded just can't cut a break.
I went to file a trade mark for the Rider Friendly Business Association today and guess what...Best Western has Filed an application for Rider-Friendly
Now I have to either pay $750 and get someone to help me file a dispute because I have been using the name longer than they have OR I have to rename our business association, the phone book and re do ALL of my marketing materials.
So what I need is this:
IDEAS for a new name OR
Money to hire a trade mark agent - spending upwards of two - four years in court
Their mark in Canada could be registered around the 20th of March unless I file really soon to dispute it. I own the domain name and have been using the term Rider Friendly for a long, long time but if they get their mark it means that NO ONE is going to be able to use that term in ANY kind of advertising or marketing. I didn't even realize you could trade mark a term like that.
I have a call in to their agent and I cross my fingers that my negotiations/talks with their agent here in Canada go well. Not much else I can do at this point...
We little business people who are under funded just can't cut a break.
Belt Drive Betty
www.beltdrivebetty.com
A MAX Award winning web site!
National VP - A.I.M.Can
www.aim-can.com
www.bustedknucklenews.com
www.canadianriders.ca
www.riderfriendly.ca
www.beltdrivebetty.com
A MAX Award winning web site!
National VP - A.I.M.Can
www.aim-can.com
www.bustedknucklenews.com
www.canadianriders.ca
www.riderfriendly.ca
--- @ WiseStamp Signature. Get it now
Wow...talk about luck... anyway, this is a tough one to handle, simply because it will be difficult to get Best Western to concede on anything.
ReplyDeleteIf you have a well documented case. ie: when did you first start using Rider Friendly...Date, backed by hard copy proof..printed phone book, web site registration, invoices on which you have Rider Friendly printed on it, then you can to file an objection with the Office of Intellectual property ...you can do this yourself, you don't need a lawyer or agent to do it for you, as the CIPO, will decide the case on its merits..the agent/lawyer, will only serve to transmit the paperwork, which you can easily do yourself. They can't do much in terms of arguing or presenting a case. I know this, because I do all the Patent and Trade-Mark work for the Company. However, do not waste your time if you cannot document (With proof) when you first started using Rider friendly .
The documentation must be hard facts and dated and traceable by the CIPO.
The other thing to keep in mind, is that you do not know when first Best Western started using the slogan "Rider Friendly"
I am getting all of my paperwork together - all of my documents - when we started the planning, when I bought the web domain - everything.
ReplyDeleteThey claim they started using the term in 2007 but the first proof of it I can find was a press release in 2008...either way - they are talking about a co exist agreement - we shall see. I will be prepared for March 20th if I have to be.