Patent Attorney and Founder
So what are the options here?
This guy’s got a trademark issue. We’re talking about clothing brands, specifically one called Dog Krew (with a K). It’s tied to his apparel line and social media presence. He’s been building designs, working on his website, and lining up manufacturers.
Back in September, he filed a trademark application based on actual use. But then he found out someone else had already filed for Dog Crew, with a C and spelled out as two words, under an Intent to Use application.
That filing happened in October. The other party even applied under several different classes, including ones that cover clothing. So yeah… this guy might be in trouble.
If the facts are as clean as they sound, it looks like he missed the window. He didn’t go to market fast enough and he didn’t file an application early. That gave someone else the chance to swoop in and claim the trademark.
If he had just filed an Intent to Use application a few months earlier, in the summer or even early fall, he would’ve held the spot at the USPTO. That would’ve blocked this new application entirely.
Now, if he knows the other filer personally, and there was any agreement, like an NDA, this could be more than just a timing issue. It might involve a breach of contract or misuse of confidential info. In that case, legal options beyond trademark law might come into play.
But yeah… it’s a rough situation.