If I know of a Party outside the USA using a TM can I register it? ?

Subject: Re: If I know of a Party outside the USA using a TM can I register it? ?

Comments:
: My father founded *** in 1983 in South Africa. We have been using our trademark in South Africa, although unregistered, since 1983. : We have used it in the US in 1986 and then through a joint venture in 1988 in the USA again. : The JV ended and the agreements, including the license to use the mark terminated in 1990/91. : Both parties carried on with the business and the party in the US registered the Trademarks even though he did not own them and the license to use had terminated. : In 1998 a legal battle started and now the question is : Who owns the TM? : We had first use in the USA, 1986, then again through the JV until 1990/91. We also traded in the US in 1995 and the other party was aware of it but did not do anything. : We believe the other party had to notify the USPTO that someone else also had rights to the mark. In fact they never owned it and thus could not register it. : I think the question I need answered is : If I were in a JV and the JV ended could I carry on with the business in the USA using the TM knowing that someone else was also using the TM? When registering the mark did I have to state that I was aware of someone else having rights in a mark or that someone else was the author of the mark or that they had preiviously to the JV used the mark?

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