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By ordering the transfer and not cancelling and making re-available has the expert decided the law in respect to a who has 'highest rights'. The expert has been made aware that the name represents a surname and therefore 'rights' aren't just rights relating to the complainant.
As EURID told me......A Trade Mark holder may THINK they have higher rights but it doesn't necessarily imply that they do...they went on to say that the only place to resolve the issue is in a court or arbitration proceeding.....I will have to get the email out but it read something like that
Given that the expert has shown trade mark holders at the top of the tree then I would expect the Policy to reflect this
Lee
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