Name infringement/Expiration?

Subject: Re: Name infringement/Expiration?

Comments:
: We registered our band name in 1996 and had been using it publicly for some time prior. We registered it with a '96 date which we could back with a band mailer as proof of first use. We received the notice of official registration. After almost 5 years, just recently, a band in another state has filed to have our mark overturned. We have been using the mark widely across the country and as we thought was required, we monitored for "infringers". When we discovered this other band, we notified them by email of our federally registered mark. They claim to have used the name prior to '96, however appear to only have used it in their home state, while we have used the mark nationally. Our understanding is that they may win right of use within their state. Do we still retain ownership of the mark? We have many thousands of dollars invested in this mark, not too mention a large fan base, management company, booking agency, successful web site, etc. Also, is there any expiration on when another can file infringement? Any assistance or direction would be welcome. We have not yet replied to their official notice of "request to terminate our mark". Thank you.

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