Got Junk trademark dispute

The Columbus Dispatch reports about the lawsuit filed by Phil Wood against 1-800-Got-Junk?  According to the trade name registration Mr. Wood filed with the Ohio Secretary of State's office, Mr. Wood began using the Got Junk? trade name on March 21, 1997 for the "pickup of junk and unwanted items on site from customer, haul away and disposal of same."

Meanwhile, 1-800-GOT-JUNK? first used its trademark on August 12, 1998 and has federally registered its trademark here and here.

What I don't understand is what 1-800-GOT-JUNK?'s attorney was thinking when she purportedly argued in a court filing that "GOT JUNK? is a common description and name for a waste-hauling business, so it can't be trademarked."  Huh?  If GOT JUNK? is not capable of being a trademark, then why in the heck did the PTO register two of her client's 1-800-GOT-JUNK? trademarks?

Too bad Mr. Wood didn't register his trademark with the Patent and Trademark Office before 1-800-GOT-JUNK?  The lesson here is that don't delay to much to apply for registration, because someone may beat you to the PTO.

Tags: trademark, registration, litigation, infringement, trade name, got junk