Re: Re: Re: Proving a superior claim

Subject: Re: Re: Re: Re: Proving a superior claim

Comments:
: : : : 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. : : : Dear Johnathan Parks, : : : Without research my recollection of the law is that if the mark was in us by another before your date of filing then they can continue use in the area the mark was used in. : : : 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 : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : : : : Ok, you say filing date. The other party says it is the Registration date of the application that controls in a priority dispute. I tend to side with you in my best interest, and the fact you are an IP lawyer, but I need to clarify if it is filling or registration date that is the key. : Dear Jonathan, : I will not take any professional responsibility for this matter without being retained. Once retaianed, it would be prudent to have our communications private. : 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 : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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