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Handle-It Trademark Case MII Equipment, Inc. is a wholesale distributor and manufacturers handling and dock equipment. The company has sold dock levelers branded by a

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Handle-It Trademark Case MII Equipment, Inc. is a wholesale distributor and manufacturers handling and dock equipment. The company has sold dock levelers branded by a Texas-based company 20 years. A break in that relationship has resulted in MII Equipment management desiring to private brand dock levelers for their marketplace. Sales volume has been about 100 units per year, or about $40,000 in revenue annually, with the expectation that this volume could increase substantially firm dealing in material The company selected several brand names by which to private brand these products as well as other material handling products in the future. The names selected were: "LIFT IT" or "HANDLE IT" in various variations. The company's attorney said that it would cost about $1,500.00 to do the filing with the U.S Patent and Trademark Office ($325.00 filing fee for each class (category of use) for the tradename and the balance in attorney fees to prepare and file the documents). In addition, if a trademark search is desired, a cost of about $520.00 would be involved for Thomson & Thomson of Washington D.C. (1-800-356-8630) to do the search, not including the time for an attorney to review the search results (typically about $1000). MII Equipment, Inc. management decided to investigate the use of one of these names. The Thomson & Thomson search revealed that a similar product made by Airfloat Systems called "LIFT IT" was registered by Airfloat Systems. The attorney said that registration would be denied by the U.S. Patent and Trademark Office if there is potential for the trademark "to be likely to cause confusion or mistake or to deceive. With regard to the "HANDLE IT" name the following was learned: HAND-LIT was registered for use applied to plastic handles on synthetic bags; HANDLE IT had been denied when used in connection with a luggage handle strap; and CAN HANDLE IT had been denied when used in connection with handles on fluid containers Management wanted to use "HANDLE-IT" in connection with the following products, each requiring a separate application with the U.S. Patent and Trademark Office (and a separate filing fee for each): Dockboards and dockplates made of metal for spanning the distance between docks and vehicles Hydraulically, mechanically and pneumatically operated lifting hand trucks; and Hydraulically, mechanically and pneumatically operated lifting and tilting tables. 2. Cost so far has been $520.00 for Thomson& Thomson plus attorney fees of about $600.00. MII Equipment, Inc. has begun using the trademark "HANDLE-IT" in interstate commerce. (Use of the mark in interstate commerce is required for completion of the trademark registration process.) Should MII Equipment go ahead with the registration process

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