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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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Wayne Sobon looks back on a busy year as @aipla president http://t.co/0s6tCbW77M #aiplaAM14 http://t.co/t6E66BRm1Q

Oct 25 2014 08:45 ·  reply ·  retweet ·  favourite
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Judge Chen stresses importance of AIA in #aiplaAM14 speech http://t.co/lKl5rG2xFU http://t.co/jpIrl71piW

Oct 25 2014 08:05 ·  reply ·  retweet ·  favourite
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@WTO panel on Aus plain packs cases have missed 6-month deadline for issuing report. Report now expected mid-2016.

Oct 25 2014 01:02 ·  reply ·  retweet ·  favourite
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