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

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

Comments:
: Usage of a trademark can give rise to rights under the common law. From the facts you state, I suggest you should ask your lawyer whether the nature of your usage since 1986 gives rise to common law rights in the trademark going back to then. : Also, yes, the filing date of a U.S. trademark application generally provides priority rights. I think you could be correct that you probably have rights going well before the registration date. Note, however, that the U.S. trademak law was significantly amended back in 1989 (if I recall the date correctly) to provide for rights based on an applicant's "intent to use" the trademark in the future. So your lawyer should look at whether your trademark application was filed before or after the statute was amended, in case this might be pertinent. : --Gerry Elman of Elman & Associates in Media, PA, USA : : : : : 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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