Q: Who owns a business name if a Fed trademark is applied for at the same time that someone else applies for a State TM?
Party A applied for Fed TM in January. Current processing time is 14-16 months. Party B applies and receives a State TM in January bc a State TM is much easier to obtain. Party A & B both jointly were in the business, however Party A came up with business name, created all artwork, acted as managing partner, owns all social media, owns email address, paid for all merchandise from their own personal account, was the only contact for all vendors and venues and provided the work space. What gives Party B the right to obtain a State Trademark and send a cease and desist of business name when all they ever contributed to the business was their physical body?
A: The assessment of trademarks rights is primarily (but not solely) governed by actual commercial use. The answer to a question like yours is highly fact-specific, and there is not enough detail provided in your description. You should really discuss the specifics of your case with a trademark attorney.
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