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Trade Name/Mark Snafu

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2 Bagger

Junior Member
I am principal shareholder of a company. Let's call it "Quick".

I started "Quick" in 1989, as a sole proprietorship. In 1990-something, "Quick" became hastily incorporated as "Quick" Corporation.

We have been using "Quick" as a trade mark and trade name.

"Quick" has become a national business with recent global contracts generating revenues nearing the GDP of a small third world country. We recently began the IPO discussion.

The trade mark has never been registered, from what I can determine. For years it has been accompanied by a Registration Mark.

After recent inquiry, I learned that the trade name is also not registered.

Obviously, Nestle Brands uses "Quick". Research indicates that Nestle and our company are the only "Quick" parties. Although, Nestle is in the food business and we are in, say "transportation".

Without regard to any potential malpractice/tortious breach/fraud claims against responsible parties, please help me identify;

1. the obvious issues;

1. what should have been done.

2. what should be done now.

3. Are "What should be done now" & "What can be done" substantially the same things?

4. Can you recommedations be implemented quietly?

Your response(s) to this post will help me "get up to speed" prior to selecting a new IP firm and avoid exposure of this "little business development snafu" to would-be opportunists. Your expert guidance will be eventually rewarded.

Reluctant 2 Bagger w/o Paddle
 


HomeGuru

Senior Member
2 Bagger said:
I am principal shareholder of a company. Let's call it "Quick".

I started "Quick" in 1989, as a sole proprietorship. In 1990-something, "Quick" became hastily incorporated as "Quick" Corporation.

We have been using "Quick" as a trade mark and trade name.

"Quick" has become a national business with recent global contracts generating revenues nearing the GDP of a small third world country. We recently began the IPO discussion.

The trade mark has never been registered, from what I can determine. For years it has been accompanied by a Registration Mark.

After recent inquiry, I learned that the trade name is also not registered.

Obviously, Nestle Brands uses "Quick". Research indicates that Nestle and our company are the only "Quick" parties. Although, Nestle is in the food business and we are in, say "transportation".

Without regard to any potential malpractice/tortious breach/fraud claims against responsible parties, please help me identify;

1. the obvious issues;

1. what should have been done.

2. what should be done now.

3. Are "What should be done now" & "What can be done" substantially the same things?

4. Can you recommedations be implemented quietly?

Your response(s) to this post will help me "get up to speed" prior to selecting a new IP firm and avoid exposure of this "little business development snafu" to would-be opportunists. Your expert guidance will be eventually rewarded.

Reluctant 2 Bagger w/o Paddle

**A: what year law student are you?
 

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