{UAH} UNAA's TRADEMARK(s)

When the Transformers were fighting UNAA in 2011, both parties filed trademark applications and UNAA also sued the Transformers.  I advised both parties that the trademark applications would take at least two years before they'd be registered.  I also told UNAA that the suit against the Transformers would not get anywhere. Both parties ignored my advice and wasted money without solving the underlying problem. As I predicted, UNAA's suit got nowhere and now UNAA has two similar trademarks!
One owned by the Transformers (registered on March 4, 2014..see attachment 1) and another owned by UNAA (registered on Jan 1, 2013...see attachment 2).
Because the Transformers applied for their mark before UNAA, UNAA's application was initially rejected by the Trademark office because it was confusingly similar to the Transformer's. The Trademark office told UNAA that UNAA could show how the 2 marks would not be similar or to oppose the registration of the Transformer's application if UNAA had valid reasons.  Interestingly, UNAA did not oppose the Transformer's application, even if the Transformers had claimed "dubious uses" for the mark (see attachments 3 and 4).   i.e you have to show how you have used the mark. The Transformers showed use in studying African trees!
Subsequently, both applications were approved...hence the two similar trademarks!
Under the law, UNAA had 30 days to oppose the registration of the Transformer's trademark. 
But since is it now way past the 30 days (deadline was April 4, 2014, unless UNAA had requested for an extension), UNAA has FOUR options:
1. petition for cancellation.  The petition for cancellation and the required fee must be filed within five years from the date of registration of the Transformer's mark or from the date of its publication
2.  if cancelled,  UNAA can sue Transformers for contributory trademark infringement.

Even if you are not using someone's mark directly in a product or service you sell, your opponent may say you have liability under the theory of "contributory trademark infringement." This liability may exist if you knowingly allow someone else to violate another party's trademark rights and personally gain from such violation. It may also exist if you intentionally encourage another person to violate a trademark.

The important issues in determining liability for contributory trademark infringement are if you are aware of the infringement, if you have the ability to monitor and control the use of your product or service, and you are in a position to receive some benefit from the violation.
3. request the Transformers to give up their mark.
4. do nothing and hope that the problem will go away.

...the ball is now in Brian's court.
thanks

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