In the USA, Company A starts using Disputed Mark in States 1&2 in 2000 but does not register it. Company B starts using the same mark in the same industry in States 49&50 in 2005, and gets a federal registration in 2009. Can the senior user, Company A, cancel Company B's registration? Who has priority and the right to use the mark in the common industry in States 1&2? Who has priority in States 49&50? Who has priority in states 3 through 48?
Answer
The senior user under your facts can cancel the registration, and can secure its own registration (thus giving it rights in states 3-48), subject to the right of the junior user to continue to use the mark in 49 and 50.
No comments:
Post a Comment