intellectual-property trademark
How to protect my trademark application from a well funded startup?
<p>I created a software application in the transportation space in 2016, and I applied for a trademark for a variant of the name (same sound, extra letter at the end) with an Intent to Use application in May 2018. </p>

<p>Another transportation startup applied for a trademark the same name in June 2018, with a use of commerce date in April 2018. Their mark was published for oppostion on May 14, 2019. This startup is well funded (100M+) and is based in SF, I’m in LA. </p>

<p>What should I do? </p>

<p>A. Apply for a trademark today for the original name with a use of commerce date of 2016. 
B. File a Letter of Protest with the USPTO 
C. Contact the lawyer from the application and try to work something out 
D. File a request for a declaratory judgement too clear the air 
E. ??? </p>

<p>Any advice would be appreciated! </p>

<p>I’m willing to spend only 5-10k to take this to court, so I’d rather settle outside or come to a licensing agreement.</p>

<p>Did you actually start selling the app, identified by the desired mark, or advertising it for sale in 2016? If not, you cannot claim use in commerce from that date. </p>

<p>I would suggest that you try a few IP lawyers who offer free or low-priced initial consultations, and put this same problem to them, with more details.  Such a lawyer could advise on the costs and possible results of any of your options. With cost a major factor, I would suspect that B (protest letter) followed immediately by C (attempt to negotiate a settlement) would be a plausible choice. You might also want to consider a different name.</p>
