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...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Join us on Tuesday for a Twitter Q&A with @theIPO's @RMW136 on innovation and IP 4pmBST/11amEST. Any questions you want to ask her? #MIP50

Sep 19 2014 11:21 ·  reply ·  retweet ·  favourite
ManagingIP profile

Three new patent attorney partners for @finneganIPLaw in London - details http://t.co/bfciijxZUU

Sep 18 2014 01:52 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @OliviaLuk1: @ManagingIP can't do it but that sounds awesome for a younger professional!

Sep 18 2014 01:46 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPPI Congress News 2014

Read this year's AIPPI Congress News - published daily by Managing IP direct from the AIPPI Annual Meeting in Toronto
null null null

September 2014

The surprising rise of the PTAB

Patent owners have been shocked at how popular IPR proceedings at the PTAB have proven. As the USPTO mulls over changes and the Federal Circuit braces itself for a deluge of appeals, Michael Loney reports on how the PTAB is likely to evolve



Most read articles

Supplements