hey julie!
thanks for the card
... you're too sweet... and supportive i may add, since this isn't the first time
here's information about trademarks "from the horse's mouth" :
http://www.uspto.gov/main/trademarks.htm
you can hold a trademark and not actually have to file, but to give strength to some kind of legal recourse, it's better to have it registered. i didn't think i needed to file for an actual trademark, but i never thought i would be put in this situation however. so, filing for a trademark for me is to protect myself...i don't plan to put the trademark against other businesses, i am just making sure that i am not accused again. in essence, this is a
defensive measure for me.
it's a tough decision and costs money...but now that this has happened, i wish i did it in the first place (at least pay to have an attorney do a search of the name to make sure i am not in any violation). because it is costing me money and time (which is money) now to close the store, reapply for a new business name, new domain, website and then contact all of my advertisers and link partners to remove my link from their sites. i also have to discard all of the labels, brochures, business cards, promotional materials that have my logo on them.
it used to be that a 2 stores named "bumblebee" (let's say) can coexist in the same state and would never cross paths, but now on the internet we are on top of one another. and while a mama like me would have left another similar named business owner alone, others may and did not feel the same way.
just my 2 cents, you can take it or leave it