What happens if 2 entities file trademarks on the same day?

[markets57]

What is the name of your state (only U.S. law)? CA

Hello there, I appreciate the help that members of this forum are giving to budding entrepreneurs such as myself.

I have an interesting situation that I could not find any information about on the Internet. Another party filed the exact same trademark as me on the same day as me. Both filings are intent-to-use. However, his serial number is lower than mine.

I am assuming that his application will have priority over mine if it is indeed earlier due to the lower serial number. However, I am close to actually releasing the product, so my filing of the Statement of Use should be earlier.

Based on this information, what are the chances that I can send up owning the trademark? Is the ball in the other trademark applicant's court, and as long as he doesn't screw anything up, he will own the trademark?

thanks in advance,

Mark

 

[quincy]

What is the name of your state (only U.S. law)? CA

Hello there, I appreciate the help that members of this forum are giving to budding entrepreneurs such as myself.

I have an interesting situation that I could not find any information about on the Internet. Another party filed the exact same trademark as me on the same day as me. Both filings are intent-to-use. However, his serial number is lower than mine.

I am assuming that his application will have priority over mine if it is indeed earlier due to the lower serial number. However, I am close to actually releasing the product, so my filing of the Statement of Use should be earlier.

Based on this information, what are the chances that I can send up owning the trademark? Is the ball in the other trademark applicant's court, and as long as he doesn't screw anything up, he will own the trademark?

thanks in advance,

Mark

It is impossible to answer your question with the information you provided. This is because it depends on, among other things, the category of goods or services for the mark. Both marks can be approved for use.

An intent-to-use application reserves the mark for up to six months (with extensions possible) and the date of the application is used if there is a question as to who owns the mark. The ITU date gives priority to the first applicant, if the mark is, in fact, used in commerce in time.

The USPTO will inform you if there is a conflict that exists with your proposed mark and you can request an "interference" hearing. If both you and the other applicant are insistent upon using the same mark, then first to file, first to register, first to use factors will come into play. Usually one or the other of the applicants will simply withdraw their application from consideration and come up with another name, this to save time and money.

 

[markets57]

It is impossible to answer your question with the information you provided. This is because it depends on, among other things, the category of goods or services for the mark. Both marks can be approved for use.

An intent-to-use application reserves the mark for up to six months (with extensions possible) and the date of the application is used if there is a question as to who owns the mark. The ITU date gives priority to the first applicant, if the mark is, in fact, used in commerce in time.

hi Quincy

thanks for taking a look at my question. We have the same category of goods, so I don't think this is a situation where both marks can co-exist.

I think they filed before I did on the same date, but we should be the first to actually use in commerce.

Mark

 

[quincy]

hi Quincy

thanks for taking a look at my question. We have the same category of goods, so I don't think this is a situation where both marks can co-exist.

I think they filed before I did on the same date, but we should be the first to actually use in commerce.

Mark

I think I might have been editing my post when you posted, Mark. Some additional information was provided.

If both marks are to be used to identify similar goods, then you may want to start using your mark in commerce soon, to make the chances of your mark being approved for registration greater, should an interference hearing be necessary.

Good luck.