The territorial extent of trade marks


Often a company develops a brand and secures trade mark protection only to later receive notice from an entity claiming ownership of an identical mark in a limited geographical location. The question is then how the presumptive rights of nationwide exclusivity conferred on the owner of a US trade mark registration interact with the prior non-registered common law rights of a third party in a limited area.

The fact that a party has obtained a federal trade mark registration does not automatically eliminate another party's prior non-registered, common law rights. The party that was first to adopt the mark...


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Kilpatrick partner named US intellectual property enforcement coordinator http://t.co/je6KU98rjT http://t.co/VdQL4Rm9Vp

Aug 29 2014 03:53 ·  reply ·  retweet ·  favourite
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@Copyright101 @TheCSUSA Would seem to be much easier for Pres. Obama to appoint an IPEC #iptsar than a USPTO Director. Wonder why ...

Aug 29 2014 03:13 ·  reply ·  retweet ·  favourite
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RT @The_IPO: Have you seen the August IP Insight? Take a peek now for your #Friday afternoon #IP fix! http://t.co/4tnX5gphYj

Aug 29 2014 02:57 ·  reply ·  retweet ·  favourite
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