As I read the PTO's decision, the registration was rejected because it was simply a descriptive phrase and not because of prior use or prior registration. Flexo-Notaries can certainly use the phrase as if it were a trademark, but claiming it and registering it are two different things. I'm not sure what, if any, legal basis they would have for protecting its use in court unless the trademark is registered, and that's not likely to happen given the PTO's decision on SPW. So they can both still "claim" a trademark, but neither has a clear right to it.
Of course, anything is possible in a lawsuit, but I would agree with VT_Syrup as far as a wager would be concerned. |
