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up vote 8 down vote favorite

I got the followig message enclosed in an attached pdf file. I did some background research and the firm seems legit.

Dear Mr. Vadoff

Our law firm represents a client who prefers to remain anonymous at this time. This client is interested in utilizing the MYTRADEMARK brand name. We have taken note of your trademark application, Serial No. 12345678, asserting your intent to use the term "MYTRADEMARK" in connection with:

Wall of text here describing my intent to use the trademark for social networking, communication, etc.

Our client is interested in discussing any issues or concerns that may result from your proposed use of the MYTRADEMARK mark alongside our client's intended business operations. Perhaps you could give me a call at your convenience at 123-456-7890, so we can dicuss these matters.

I look forward to hearing from you.

Are there any legal consequences from replying? What do you think their intent is in messaging me? I'm wary replying because I'm planning full well to make use of the trademark - I don't want to sell it, compromise it, or let a company pull some legal bs over my head.

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2 Answers

up vote 11 down vote accepted

It is your duty as the holder of the trademark to ensure you are protecting your mark against use by other companies/people. That means responding to and dealing with requests like these (and worse).

It may be that these people wish to buy your mark from you and they are kindly approaching via their IP lawyer...this is a GOOD thing (rather than them just going ahead and using it). Because they have "intended" business use and not actual business use it sounds like you have the upper hand in the conversation.

I would respond asking to them lay out exactly what they are proposing.

Disclaimer I am not an IP lawyer and all legal advice should be sought from a legal professional.

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up vote 0 down vote

Is it possible they want to use it for a different, very different, industry?

(You have no lawyer?)

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