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Trade Dress Protection — trademark office action response

Started by OpenSourceLawyer_Dan · Jan 13, 2026 · 1,038 views · 23 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
OD
OpenSourceLawyer_Dan OP

Quick background on my situation — any input appreciated.

trademark office action response. I've been dealing with this for about 16 months now and the situation isn't improving.

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

Do I have a strong case? What should my next steps be?

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the relevant statute, actionable.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

CA
CorpCounsel_Amy

Been there. Here's what I learned.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

DE
desperate_employee_CA

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.

TI
throwaway_investor_NY

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.

NL
NursePractitioner_LA

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.

NH
need_help_homeowner_2023

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

FT
first_time_student_2025

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_MA

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

FT
first_time_worker_2022

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

NH
need_help_creator_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.

CA
ConsumerAdvocate

I've dealt with this before.

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

CP
confused_parent_advice

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

FS
frustrated_student_FL

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.

AE
anon_employee_CA

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.

CA
ConsumerAdvocate

I went through almost the exact same thing.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

CB
confused_buyer_2022

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.

PJ
Paralegal_Jen

Been there. Here's what I learned.

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

SB
SmallBizOwner_NYC

Not a lawyer, but I have direct experience with this.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

RM
RestaurantOwner_Miami

Not a lawyer, but I have direct experience with this.

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

NH
need_help_trader_today

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

CM
ContractorMike_CA

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

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

EA
EstatePlanner_AZ

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

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

OD
OpenSourceLawyer_Dan

I went through almost the exact same thing.

What worked for me was having everything documented. It took 3-6 months but was worth it.

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