I have been working as a freelance Web and Application developer for the past 6 years, operating under an unregistered mark. I live in the UK, but have had clients globally, including the EU and USA. I consider my services to be global in nature.
In the USA, a company in the same market sector has decided to rebrand themselves using my mark, and has decided to initiate trademark registration for it.
What are my options here? I am not a corporation, I am a sole freelancer clearing less than $50k a year before tax (I'm bootstrapping a startup and using my freelancing to support myself). I highly doubt I can afford to 'lawyer up'. Even the costs in filing an objection to the USPTO seem prohibitive, plus after reading through the site I still have no idea how to do it.
I want to continue operating and marketing my services under my mark. I don't see why someone with deeper pockets should be able to seize the rights to a name I have used for the past 6 years.
I have read articles on the net ranging from "Send them a C&D using this template!" to "Whatever happens DONT send them a C&D!!".
Any advice would be most appreciated.
So I'll try to help.
The first question is: Is the offending party in the same business as you?
The goal of the law in dealing with trademarks is: "Will it cause confusion in the marketplace?" and "Is one party trying to benefit from the goodwill of the other party?"
Those are the tests that a US court will apply to your case.
If they are in the same business as you are. I would send them a notification letter of your use of the mark. Not a Cease and Desist.
If you are in the UK you don't need to file a challenge to the USPTO, just a notice to the UK IP Office. Its the job of the petitioner at the USPTO to do a global search.
In the end you can keep operating up until they sue you. They'd have to sue you in a UK court, which may be cost prohibitive for them... and at which point you'll have the evidence to show your use of the mark for the last 6 years and your notice to them of your use of it.
Hope that helps...