Legal Question in Intellectual Property in Iowa

Two colleges are using essentially the same name. Both are named for the same historical figure. One uses "college" and the other "university." After both have been in operation for a substantial period of time, the "university" files a USPTO application trademarking its name. Then threatens the "college" with trademark infringement. Can the "college" be compelled to change its name?


Asked on 7/24/09, 3:32 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The first user of the name has prior rights, regardless of prior trademark registration. The junior user (second user) can be compelled to change its name by the senior user (first user).

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Answered on 7/24/09, 3:38 pm


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