My mark- registered by someone else

Kevin McGovern

Kevin McGovern

Joined
Jul 31, 2015
Messages
3,118
I just received an email via my website from someone wanting to buy "a pendant I saw on Amazon with your name on the box." I checked it out and apparently a guy in Hungary registered a mark amazingly similar to my own. I've been using this name and mark since 2016. I'm not happy about it, but it may not be a huge issue, unless his business grows a lot. The name, "Faith Forge" being used by someone could be an innocent mistake, except that the style of the logo is really close to mine. I'm sure there isn't much I can do without spending a bunch of money considering A. I never registered it. B. I'm not a real business. If anyone has any ideas, I'd love to hear them. Here's the mark registration, notice the similarity in styles. http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:zr3z5m.2.1
 
I get this every now and then in those exact words. I looked at the pendant and was pretty sure I never made it.It is some sort of scam, but I never pursued it. The normal scenario is "I want to buy one like it, do you have any other pendants for sale?" My guess is they will pick out an expensive one and either have a courier pick it up and pay by cashiers check ( FAKE) , or they will want my banking number to send me the funds.
 
Kevin McGovern said:
I just received an email via my website from someone wanting to buy "a pendant I saw on Amazon with your name on the box." I checked it out and apparently a guy in Hungary registered a mark amazingly similar to my own. I've been using this name and mark since 2016. I'm not happy about it, but it may not be a huge issue, unless his business grows a lot. The name, "Faith Forge" being used by someone could be an innocent mistake, except that the style of the logo is really close to mine. I'm sure there isn't much I can do without spending a bunch of money considering A. I never registered it. B. I'm not a real business. If anyone has any ideas, I'd love to hear them. Here's the mark registration, notice the similarity in styles. http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:zr3z5m.2.1
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Here's a screenshot

Screenshot_20190424-185155_Chrome.jpg
 
Stacy E. Apelt - Bladesmith said:
I get this every now and then in those exact words. I looked at the pendant and was pretty sure I never made it.It is some sort of scam, but I never pursued it. The normal scenario is "I want to buy one like it, do you have any other pendants for sale?" My guess is they will pick out an expensive one and either have a courier pick it up and pay by cashiers check ( FAKE) , or they will want my banking number to send me the funds.
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The email address didn't look shady. The issue isn't the email though. The email just prompted me to look into it, and sure enough, a pendant made by "faith forge" is listed in Amazon.

https://www.amazon.com/dp/B071NHMCNF/ref=cm_sw_r_cp_awdb_t1_9LoWCbRC6EGZW
 
Ugh,

seems like he got it.

Happens all the time.

Monster Cables sues people all the time who use the word "Monster" I also know a company who has the word "Gator" was sending out cease and desist letters to abrasive distrubutor if they had the word Gator in an ad.
 
Maybe try and email the guy and see what he has to say. Also check with an attorney that deals with trade mark infringement, as an artist you have certain rights to prevent people from copying your work. I think artists and craft persons automatically have a certain amount of protection from things like this.
 
Hungary...not hungry :) although it is clear that this is a completely different country Romania(Dracula country)known for litter scam ;)
 
If you were smart and serious about your brand, you would have bought faithforge.com years ago. If you did that, you would have the upper hand regardless of trademark, and you'd be in the position to sell that domain for thousands of dollars to your Romanian friend, like I did in a similar situation.

Because you're not in the same good/service category (you are knives, he is necklaces), there isn't grounds to claim infringement.
 
If you're really concerned, look up a local trademark & copyright attorney & pay for a quick consultation.

However, I'm pretty certain that registering a trade mark has very little to do with being able to enforce it (I KNOW that's the case with copyrights and patents, as I've been down that legal road before...). Being an individual, and not a "legit business", has nothing to do with this.

Or, just ignore it & go on. Aside from attempting to scam you, the Romanian will likely have no means to pursue it beyond that - especially since you're producing totally unrelated products. Still, dropping a Benjamin on an attorney consultation may be worth the peace of mind.
 
I did a few searches and your facebook page is the only direct hit for Fath Forge ... except the pendant for sale on Amazon. There is no home site or other hit I saw for this chap. Your faithbook page and logo far outdate his application.

It was applied for in the US on 1/13/19.
It became a registered trademark in the USA on 4/19/19.
The trademark is only granted for necklaces.
Here is the info:
https://trademark.trademarkia.com/faith-forge-88259747.html

I would ignore it as a mere coincidence.

If you want, send a letter/email to the trademark bureau ( and to Tradmarkia) with a rebuttal/complaint on his copying of your logo, including the exact font. List the date you started using it, places it can be seen (BF) show a photo of a knife with the logo, and the dates of your facebook and other pages with the logo on it.They can pull any trademark if it is countered with legitimate info.
 
Rick Marchand said:
Ignore it. There's probably dozens of people with Faith Forge. You are in no danger of any cease-and-desist orders. There is no infringement.

Don't bother giving it any more thought
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Yes, skip the generic religious based "business" names and use your own real name.

For all the people that may be attracted to having the cross on the knife, there are many times more that can be repelled by it.
 
P.Brewster said:
If you were smart and serious about your brand, you would have bought faithforge.com years ago. If you did that, you would have the upper hand regardless of trademark, and you'd be in the position to sell that domain for thousands of dollars to your Romanian friend, like I did in a similar situation.

Because you're not in the same good/service category (you are knives, he is necklaces), there isn't grounds to claim infringement.
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Forgive me for not being serious or smart. I own faithforgeknives.com however, so I hope that redeems me in your eyes. I'm a hobbiest, so maybe serious to a point? Thanks for the helpful input though, its really helpful.
 
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