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MathematicsExpert158 karma

This Tweet from PNC is dated January 20, 2011. It references Spendology and labels it as a Service Mark of PNC. That seems to predate your trademark application? It seems they've been using that term for quite some time.

MathematicsExpert153 karma

Looking into this more, it appears that your sole use of the the term "spendology" on July 21, 2010 was to mention it on the blog post you provided. According to this article that is why you lost the case.

the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board held that the applicant’s creation of a social media presence was not enough in and of itself to create trademark rights in determining the priority of a contested mark.

[...]

The applicant claimed constructive first use as of Oct. 25, 2011, the filing date of the applicant’s federal service mark application. The opposer’s evidence established a first use date of Aug. 26, 2010. In response, the applicant attempted to prove an earlier first use date based on alleged "use analogous to trademark use." To support this argument, the applicant offered as evidence its having joined Twitter and its tweets about its mark, its creation of a Facebook page, and its blogging about its mark.

So basically, you said you had rights to it as of October 25, 2011. They showed evidence they have been using it since August 26, 2010. Then you brought out a blog post where you mentioned Spendology on July 21, 2010 and they said, "sorry blog post no good".

Is this the case in essence?

MathematicsExpert73 karma

PhD in public health here...the use of non-therapeutic antibiotics in farm animals is of much greater concern to public health.

Wiseass who posts on reddit here. What can someone like me do to help solve this problem?

MathematicsExpert0 karma

I like Asian women and I also like women with low self esteem. You seem to be the perfect woman for me. Any chance of moving up from your current boyfriend?