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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