[E-trademarks] When the full search shows a mark on product that might or might not be shipped into the U.S.

[Jessica R. Friedman]

I’m reviewing a full search for mark [JESSIE] for [pens and pencils]. The search report turned up some links to sites of foreign companies that show JESSI (NO “E”) used on a single pencil product, manufactured by X. It looks like I can order that pencil on one of those foreign sites and get it shipped to the U.S. I can’t find this product online anywhere except on those few foreign sites.

Do these facts give rise to any inference that X is using JESSI in the U.S. for pencils?

More to the point, should I advise my client that she cannot use or apply to register JESSIE in the U.S. for pencils?

Jessica R. Friedman
Attorney at Law
300 East 59 Street, Ste. 2406
New York, NY 10022
Phone: 212-220-0900
Cell: 917-647-1884
E-mail: jrfriedman at litproplaw.com<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

[1479430908386_PastedImage]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20231110/40dac97a/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 8892 bytes
Desc: image001.png
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20231110/40dac97a/attachment.png>