Tom started a computer repair shop in March, $2004$ in Gastonia, NC called "Enlightened

Computers" and has continued to operate in the same location until the present. He intended

to register "Enlightened Computers" as a service mark but never got around to it$.$ In

December, $2009,$ he received a letter from a California company, called "Enlightened

Computers" demanding that he cease and desist from using the name "Enlightened

Computers" because it has received a registration of the service mark "Enlightened

Computers" with the U$.$S: Patent and Trademark Office in November, $2009$ for retail shops

offering computer sales and repair. What is the best statement of Tom's rights?

The California company has superior rights to Tom because it has a federal registration of the service

mark and Tom must stop using it everywhere.

Tom has superior rights in the Gastonia market, but the California company has superior rights outside

the Gastonia market.

Tom can stop the California company from using the service mark east of the Mississippi because he

was using it first.

The California company has superior rights to Tom and he must stop using the service mark because

he only repairs computers.