The Board observed that a party may seek an amendment to the concurrent use restriction in its registration only through a new concurrent use proceeding, or by court order. However, removal may be permitted if the excepted user has assigned its rights to registrant. See In re Alfred Dunhill, 4 USPQ2d 1383,1384 (Comm’r 1987).
Here, Donahue did not assign his rights, and so the Board denied the motion to re-open. However, it stated that TMC may file a new application for an unrestricted registration of the mark. See TBMP Section 1114.
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Text Copyright John L. Welch 2020.