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Thanks. But I don't think your answer is correct, which is why I want to ad this:
The USPTO clearly states, as I spoke with one of their attorneys in person previously, that whomever can show that they were using the name first is the owner of that name/ service mark and is entitled to the trademark. In fact, they state you don't have to register the name as a trademark ever. For example, if coca-cola never trade-marked their name, and I came along today and filed a trademark application for the name 'coca-cola', the USPTO can not give me a trademark for coca-coal, since coca-cola can show they have been using the name previously. And if they gave me a trademark, not aware that there was a company named coca-cola, coca-cola would be able to have them repeal the trademark from me, even though the USPTO states that they do not like doing that, though they will, and have. So my question is whether or not reserving the name is equal to me using the name in commerce. Using the name in commerce, such as showing that I had business cards or flyers made up, and being able to prove this, the USPTO states that if the date of those flyers are earlier than the date the person filed an intent to use (assuming the application is the first date of use in any way), that I will be granted the trademark. So, I'm wondering if the date of creating a name reservation filed with the secretary of state, is equal to using the name in commerce? No offense, but if you are not sure, as I get the feeling is the case, no offense, could you open this question to other I.P.A's? I would appreciate it very much as getting the correct answer is vital here. Thank you very much!
Anthony.