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Asker

Posted over 13 years ago.

does exclusive use mean a competitor can't be using that mark as well?

Bruce E. Burdick

Bruce E. Burdick Alton Intellectual Property Law Attorney

Posted over 13 years ago.

Sort of. It means a significant number of competitors cannot be LEGITIMATELY using that mark to your knowledge. The point is that the public has to associate the mark with you primarily rather than anyone else, and there cannot be a significant number of consumers that would be confused into thinking otherwise. It is a very fact intensive matter.