Legal Question in Intellectual Property in Virginia
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?
Asked on 9/08/11, 11:10 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
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.
Answered on 9/08/11, 11:33 am
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