Who owns a name and/or right to federal trademark?

Subject: Re: Who owns a name and/or right to federal trademark?

Comments:
: the confusion: my sister and her husband buys a business (one store) and supposidly the name with it - it's in writing. Previously, the owner they bought it from (let's call him A) had opened another store with a partner (I'll refer to him as B). Eventually A and B split each running their own store, the original owner and creator of the name A, allowing B to use the same name, verbal agreement only, though no paper work transfering the name, but B retains the incorperated status. When my sister and her husband bought the store they had a meeting with B. They all agreed that my sister owns the name and that she would allow B to continue to use the name - all verbal. All went fine for a while. I ,being paranoid, forced my sister and her husband to apply for a federal trademark. Looks like They'll get it, (they had to write a letter back to the uspto to acknowledge that both my sister and her husband are the applicants). About 2 months after she applied for the federal trademark, B files for a state trademark. States are a bit faster than the fedaral government and B recieves his state trademark. B then writes a letter to my sister telling her to stop using the name. What should she do? I have recommended that she retain a trademark lawyer and that it's my quess that this is a easy case. She has gone to see a local business attorney with no trademark experience. Is this an easy case or not and is it in her best interest to get a trademark attorney or will that just cost more money?

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