[E-trademarks] Junior User Filing Federal Registration with Existing Senior Common Law User

[Erica Bristol, Mediator]

Can someone remind me of the rule that allows a junior user to file a federal registration even if there is an existing senior common law user, where the senior's use is in just 1 or 2 states? I assume the registration is subject to the senior user's geographic common law rights. Must the junior user be unaware of the senior user when filing the application, or the junior user can be aware, but just refrain from infringing the senior user's common law rights in the senior's geographic area?  Can the senior user try to cancel the junior's registration, or just enforce its geographic common law rights?  Thanks!

Erica Bristol, Esq., Mediator
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