Re: Petition to Cancel a Registered Trademark by an Alleged Prior User

Subject: Re: Re: Petition to Cancel a Registered Trademark by an Alleged Prior User

Comments:
: : Assuming the alleged prior user satisfactorily proves prior use of the trademark, what recourse does the owner of registered trademark have? If the goods with the same trademark are sold to opposite market segments (one to high-end and the other to bargain discounters, does the "area of influence" play out differently? When the law says "terriorial" exclusivity, can this be construed to include various segments in a market space? : : Any comments would be much appreciated : Dear Mr. Lee, : I'm not going to research and answer. If the mark is the same and the goods and services are the same, there should be not coat tail us to the second user. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop® : E arly L egal A dvice I s N ot E xpensive

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