–Dan Kelly, Attorney
Quiz time. Here’s the setup:
Company A owns the following registered trademarks for use in connection with the listed goods:
- MAXSTAR for “electric lanterns”
- MAGNUM MAX for “hand-held electric spotlights”
- MAXFIRE for “portable, battery-operated lighting products, namely flashlights”
Company B owns these registered trademarks:
- MAG-LITE and MAGLITE for “flashlights”
- MAG for “flashlights”
- MAG-NUM STAR for “flashlight bulbs”
Assume that the above registered trademarks for both companies have coexisted on the trademark register and in the marketplace for a substantial period of time–fifteen years or more.
Now, here are the questions:
- Can Company A register MAGNUM MAXFIRE for use on “hand-held portable lamps, namely flashlights and spotlights” in view of Company B’s registered trademarks?
- Can Company B register MAG STAR for use on “flashlights” and related goods in view of Company A’s registered trademarks?
Answers after the jump…