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Author Topic: cancellation proceeding  (Read 965 times)

aprilmalex@yahoo.com

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cancellation proceeding
« on: 03-02-09 at 08:27 pm »

Can a senior user (who does not have a registration but only common law rights) and who has used the mark in only small georgraphic location file a petition to cancell a registered mark (which was fiest used after the senior mark?)

They can cancell the federal registration even though they only have common law right sin one small goegraphic location
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Sudhir Kumar

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Re: cancellation proceeding
« Reply #1 on: 03-02-09 at 11:33 pm »

PLease note that in many country requirement for cancellation proceedings are that the applicant (filing cancellation) must have an interest in the Trademark and being a senoir user he does have an interest. But the proceedings has to be within the provisions/grounds for cancellation as provided under the countries trademark law.
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Sudhir Kumar
Advocate & Patent Attorney, India
ASWAL ASSOCIATES- Attorneys at Law & Intellectual Property
Email: sudhir@aswal.com; info@aswal.com
www.aswal.com; www.aswalassociates.com

JSonnabend

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Re: cancellation proceeding
« Reply #2 on: 03-03-09 at 07:34 am »

Having common law rights senior to the registrant's rights can be a viable basis for cancellation. 

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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