The Trademark Trial and Appeal Board (TTAB) has reaffirmed the well-established principle that the first user of a mark does not always have priority. In the case at hand, SPV Coach Company, Inc applied to register the mark ARMBRUSTER STAGEWAY for “vehicles, namely, customized limousines”. Executive Coach Builders, Inc opposed the application based on its alleged prior common law rights in the mark ARMBRUSTER/STAGEWAY.

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