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Author Topic: First to File or First to Use  (Read 221 times)

Stormy

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First to File or First to Use
« on: 09-27-17 at 05:03 pm »

Trying to understand how exactly this 'first to file' or 'first to use' works.  Is this a legal issue that 'first to use' takes precedence or is it an administrative issue.  Is this something that an Examining Attorney would take into consideration or is this something that the Examining Attorney ignores and is then litigated if 'First to File' gets registered.

Also, in this case, 'first to file' abandoned the registration which was refused due to being 'merely descriptive'.  A couple of months later they revived this registration.  Would this not give precedence to the other party, 'first to use', who filed prior to the abandonment by 'first to file', and whose registration was still under consideration when 'first to file' revived their registration.

Confused, so really appreciate any insight into this.



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