Quinn Heraty's Answers

Quinn Heraty
New York Contracts / Agreements Lawyer.
Contributor Level 3

4

Attorney answers:

  1. Pamela Koslyn
  2. R. Sebastian Gibson
  3. Quinn Heraty
  4. Kevin Richard Martin

Who wins between two "intent to use" trademark applications if Application "A" was filed before Application "B"?

Asked by a user in Cedar Park, TX - almost 2 years ago.

If the marks are the same or similar and are used in connection with the same or similar goods or services, then Application A will move forward through the registration process while action on Application B will be suspended. If, as it moves through the application process, Application A does not meet the requirements for registration, then it will be denied and the suspension on Application B will be lifted and Application B will then move forward through the registration process. If...