Legal Question in Intellectual Property in California
I have filed for a trademark cancellation at the USPTO. As such, could I also file a Declaratory Judgment in civil court to have the court decide if there is indeed infringement on my part? Is there a statute of limitations for such a DJ in California as it has been over 2 years or do laches apply?
Asked on 4/12/13, 7:08 am
1 Answer from Attorneys
Charles Perry
Law Offices of Charles R. Perry
The federal courts have jurisdiction to hear trademark cancellation claims. I have not researched the issue, but my sense is that the federal court would be inclined to stay the case before it, and to allow the USPTO action to proceed.
Answered on 4/12/13, 7:33 am
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