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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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.@JPO_JPN interim decision on handling product-by-process claims following SC judgments http://t.co/lhItpjgPSC More on our site soon #patent

Jul 7 2015 03:28 ·  reply ·  retweet ·  favourite
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.@NetNamesDomains has filed a competition complaint with the European Commission over the .sucks "uneven pricing structure". More info soon

Jul 7 2015 03:23 ·  reply ·  retweet ·  favourite
ManagingIP profile

On the blog, James Nurton brings four tidbits from the recent #ipinasia forum in Munich http://t.co/sNNA0W97cT http://t.co/IAZcOiixZ0

Jul 7 2015 02:16 ·  reply ·  retweet ·  favourite
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