I am seeking an experienced U.S. trademark attorney for an initial consultation regarding a trademark dispute involving priority of use, a competitor’s intent-to-use (ITU) filing blocking our own filings, and a suspended USPTO application.
A competitor—who had no prior use of the mark—filed an ITU during a narrow window between my first and second USPTO filings. They later contacted us attempting to **sell back the two trademarks we had already been using and had independently applied for**. This occurred on **September 2nd**, and felt like an attempt to exploit their procedurally earlier filing despite our substantially earlier commercial use.
We need clear legal direction on how to protect our rights and proceed.
• *Key Issues Needing Legal Review**
• Priority of use in the United States
• Competitor’s ITU application blocking mine
• My USPTO application currently suspended
• Whether filing a **TTAB Petition to Cancel** is appropriate
• How to advance my suspended U.S. application
• Whether enforcement (e.g., cease-and-desist) is advisable
• *(Optional but desirable):**
• Guidance on handling future infringement notices—either received or issued
• Relevant Timeline (Mark Name Removed)**
• 20 Oct 2023 – UK trademark filed (Classes 16 & 30)
• 29 Mar 2024 – UK registration issued
• 13 Feb 2024 – First U.S. application filed (Class 16); later refused due to classification/specimen issues
• 26 Apr 2024 – First actual use in U.S. commerce; substantial sales begin
→ *This is my U.S. priority date*
• 22 Oct 2024 – Competitor’s ITU application published; no opposition filed
• 13 Apr 2025 – Competitor formally filed the ITU application
→ *Nearly one year after my first U.S. use*
• 29 May 2025 – I filed a second U.S. application (another class)
• 02 Sep 2025 – Competitor contacted us offering to “sell” the two trademarks matching our marks
→ *We believe this was an attempt to leverage their procedural filing position*
• 17 Oct 2025 – USPTO issued a Suspension Letter for my newer application
• Late 2025 – Competitor began using the mark for the first time
• 06 Dec 2025 – Discovered the suspension notice (due to outdated email)
• What I Need From the Attorney*
• Assessment of viability for a **TTAB Petition to Cancel**
• Analysis of how my earlier U.S. use impacts priority
• Strategy to advance my suspended U.S. application
• Recommendation on whether to send a cease-and-desist or negotiate
• Expected timelines and cost estimates for next steps
Ideal attorney qualifications:
• Extensive TTAB experience
• Strong understanding of ITU vs. actual-use disputes
Apply Now
Apply Now