Legal Question in Intellectual Property in California
party (a) has filed for federal trade mark but has no product on the market, has six months to do so. Party(b) has had product on the market for 2 years, he files after Party (a) .....will that have any bearing on whom would be granted the trademark ?
Asked on 12/07/12, 4:25 pm
1 Answer from Attorneys
Charles Perry
Law Offices of Charles R. Perry
The person first to use the mark generally has the right to use the mark in the United States. That is not the rule in all countries, however.
The person first to file may indeed succeed in registering the mark with the USPTO, but the person first to use the mark will have the right to file a cancellation proceeding before the USPTO, or to move to litigation. The registration, in other words, does not trump the rights of the first person to use the mark.
Answered on 12/08/12, 4:58 am
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