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Trade Dress Protection — trademark office action response

Started by desperate_creator_2022 · Sep 25, 2025 · 655 views · 10 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
DC
desperate_creator_2022 OP

I'm dealing with a situation and need some guidance.

trademark office action response. I've been dealing with this for about 5 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

Am I overthinking this or is this a real legal issue worth pursuing?

WD
worried_driver_CA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

SM
SeniorDevMike_PDX

I went through almost the exact same thing.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

CT
confused_tenant_2022

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

DT
desperate_trader_NY

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

HM
help_me_freelancer_2023

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

JC
just_curious_renter_legal

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

AF
asking_for_friend_homeowner_MA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

VA
VCAnalyst_SF

I've seen this play out several times in my field.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

CA
ConsumerAdvocate

I've seen this play out several times in my field.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

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