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Proving a superior claim[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Johnathan Parks on February 21, 2001 at 10:19:22: ok, I have a registered trademark since July 1990 when it was certified by the USPTO, before that I was in operation under the name since 1986. About a month ago I find a company two states over operating under the same name and contact them with a C&D letter. Two weeks later I get back a reply from their lawyer claiming superior rights over my trademark. He states they were in business 6 months proior to my registration, making them operational in Jan 1990. My original filling was done in July of 1989 and posted for oposition in April of '90. Being I was in operation under this name and filled for the trademark before the other business was even in operation, I am at a loss as to how this gives them superior rights over the name? Any help in understanding would be greatful.
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