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

[Annette Heller]

If the junior user is aware of the senior user and where they are using the mark, then when the junior user files the application, the junior user sets out the area it is not claiming rights to and list the other party information.
 That is what I have done in the past. Annette
Annette P. Heller
Trademark/Copyright Attorney
TM Law & Associates
400 Chesterfield Center Ste 400
Chesterfield [St Louis] MO 63017

www.TrademarkAtty.com

314-469-2610 Fax 314-469-4850 In a message dated 7/18/2025 3:51:36 PM Central Daylight Time, e-trademarks at oppedahl-lists.com writes: 

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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Fax (818) 753-2310

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ericab at ebmediate.com
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