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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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Us patent reform, USPTO, adidas, Marc Jacobs, .sucks & #FedCirc - @mdloney's weekly roundup http://t.co/WC2L8nbbbZ http://t.co/xHMODjVeVl

Apr 17 2015 05:12 ·  reply ·  retweet ·  favourite
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Trends at #PTAB in Q1 2015: leading companies & law firms, by @mdloney @docketreport http://t.co/Gi7l93x7wb Apple leads the way! ($/trial)

Apr 17 2015 04:01 ·  reply ·  retweet ·  favourite
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Americas Women In Business Law #WIBL Awards take place in NY on June 3. Here are the shortlists & more details! http://t.co/aJ1wo6Oyex

Apr 17 2015 03:52 ·  reply ·  retweet ·  favourite
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