Conflict between trademarks registered in the EU and the US?

Question

We have a registered trademark in the EU. We just noticed that a similar trademark is registered in the US – What consequences does this have for us? Should we do anything against the US trademark (it was registered approximately two years after we registered in the EU), or is there a way to avoid conflict between the two trademarks? What about any business we might do in the US?

Trademark
CATEGORY
Germany
COUNTRY
Feb 19, 2016
POSTED DATE
6
NUMBER OF ANSWERS
No Attachment
ATTACHMENT
1788
NUMBER OF VIEWS

or

Answers: 3 public & 3 private

2c4bd8c722
IP Consultant

I was reviewing your question and in order to give you a clear answer can you please confirm the following:

1) Is the trademark for the same products and/or services?
2) Have you used your trademark in the US in the past? before this third party has?

Please note that as a first-to-use jurisdiction, in the US rights over a mark will correspond to the person or company who first used it within US territory, not the first person who registered it.

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