[E-trademarks] Multiple user of the same mark

[Russell Nugent]

Dear Group,

A family owns and operates three restaurants with very similar names (they differ in the generic elements only) and the same logo.  One restaurant is owned jointly and the other two individually by members of this trio.  The owners of the jointly owned restaurant sell its assets and in the asset purchase agreement transfer all IP rights associated with the operation of that particular restaurant. After the sale/transfer, one of the trio that owns one of the other two restaurants by himself decides to register his logo.  Now that he has the registration, he wants to know what his rights are with respect to the restaurant that was sold.

Can he use the registration to prevent the buyer of the jointly owned restaurant from expanding and opening a new restaurant with the same name and logo (the asset purchase agreement does not address this issue)?  How does the use of very similar marks by three different entities that are not commonly owned affect their rights before and after the registration?

Thanks in advance,

Russell D. Nugent
Comprising IP
1213 Culbreth Dr, Ste 112
Wilmington, NC 28405
nugent at comprisingip.com (private)
910-550-3259 (private)
contact at comprisingip.com
910-509-7131
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