A mark is being used by myself however the mark is registered under myself and another person.
The answer does not come from trademark law but rather (1) the bodies of law that control how the business that uses the trademark operates and (2) contract law. When you say the trademark "is being used" that means that someone is selling a product or service under that mark. How the profits [or losses] of those sales are accounted for and distributed is a matter of agreement between the persons who own the company that is making those sales --- or, if the mark is being licensed, between the licensee and the licensor of the mark. You need to speak with a business attorney licensed to practice in your state.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
This may be a question of partnership law, not trademark IP law. Even in the absence of a written partnership agreement, the law may impose a partnership upon two persons jointly involved in a commercial venture. If you both reside in Arizona, consulting an Arizona business attorney would be beneficial.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You have already received good advice. But I want to stress you need to quickly retain counsel and negotiate a resolution of this matter. The name of the trademark registrants on file with the U.S. PTO may not be a true indicator as to what persons or entities own the trademark. If you had a previous business relationship with this joint owner, the terms of that business relationship will control the issue of who owns the trademark and how proceeds from ongoing use of the trademark must be divided. For example, if there was a partnership, the trademark may be an asset of the partnership in which event, upon dissolution of the partnership, the value of this asset needs to be divided among the former partners---and if the partners cannot work this out among themselves, then a court is left to decide the issue.
Here is the practical problem---every day that you let this continue without involving legal counsel, the situation gets potentially more complex and expensive to resolve. Thus, your most cost-efficient approach is to immmediately retain counsel to represent you, and start the process of analyzing how to find an economically reasonable resolution to your dilemma.
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