Posted by Peter Kort on April 06, 1998 at 11:16:06:
In Reply to: Trademark Confllict posted by A Martinez on March 29, 1998 at 18:23:33:
Decisive is the ownership for the trade mark as registered.
Whereas the prior applicants declares his ownership by filing the mark for registration, the partner , who does not contest this priority, has to accept the priority.
Should however the law provide for cancellation of a mark, after a grace period has elapsed, due to unsufficient serious bona fide use, evrybody should be allowed to file a cancellation petition and to refile the mark, whhich was abandoned by the registred former business partner.