State versus Federal trademark

[Theo]

Would a preceding state trademark win a WIPO case over a federal trademark?

We're assuming that the two marks were issued for different classes.

 

[Theo]

*cough*

 

[KaneCo]

would that not start another civil war!


I am asking my brother who is a lawyer to discuss it with me!

:tape2:

 

[Theo]

LOL what civil war? Ahhh, the federation against the people of the south! :-D good one

 

[Deleted member 5660]

I believe the issue is "legitimate interest" so it is not a case of one trademark being more important than the other.

 

[Brett Lewis]

I believe the issue is "legitimate interest" so it is not a case of one trademark being more important than the other.

True.

The issue is also more complicated than who made first use. You have to look at all of the facts surrounding the use made by both entities of the trademark, and the timing of that use. Prior registration of a state trademark can help to establish legitimate rights in a domain name, however, as can prior common law use.

Brett E. Lewis, Esq.
Lewis & Hand, LLP
www.lewishand.com

 

[GoPC]

Agreed, my understanding is also that the usage weighs heavily on the outcome.

GoPC

 

[Theo]

Thank you gentlemen, it was indeed a curiosity I had.

 

[DNQuest.com]

Multiple entities can lay claim to the same mark IE- Apple... So for WIPO, it is used to determine claims to a particular name,which two parties can have..