Rolex Watch USA can’t have a “MilSub” trademark registration canceled based on an after-the-fact, consumer-coined nickname for watches it sold 40 years ago, an administrative trademark tribunal ruled.

The Trademark Trial and Appeal Board’s ruling Tuesday allowed watchmaker Mark Kiger, who represented himself in the case, to retain his 2015 word mark registration.

Rolex’s challenge correctly argued that entities can potentially claim priority to the trademark rights of consumer-coined terms, but only if they continued selling the product, the board said.

The TTAB ruling noted the centrality of trade to trademark rights as it pointed out that Rolex hasn’t sold …

 Rolex Watch USA can’t have a “MilSub” trademark registration canceled based on an after-the-fact, consumer-coined nickname for watches it sold 40 years ago, an administrative trademark tribunal ruled.