PENDING USPTO, Registration, Opposition , District Court

[lordbyroniv]

Deleted

 

[katherine]

Short answer is that you can benefit from TM protection even without having the TM registered.
So it all boils down to prior use if any.
Also WIPO may still issue its own ruling even if there is an ongoing court case. Obviously the WIPO decision could be altered or overturned.

 

[lordbyroniv]

Ok, so WIPO can issue a ruling even when there is a pending matter before another judicial body but what does PRIORITY necessarily mean when the competing marks are both merely descriptive and a determination needs to be made on whether the marks are confusing and similar.

 

[jberryhill]

Well that's one really helpful original post.