InternationalUSRemember you can easily switch between MIP US and MIP International at any time

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

Romania: Fictional characters as trade marks (sponsored) https://t.co/2l6904e9mC

Dec 10 2016 11:01 ·  reply ·  retweet ·  favourite
ManagingIP profile

France: Beware the impact of corporate restructuring on licences (sponsored) https://t.co/QNxsHRqmcZ

Dec 10 2016 10:30 ·  reply ·  retweet ·  favourite
ManagingIP profile

Russia: Jackpot for trade mark plaintiff (sponsored) https://t.co/NLBhsQOQRz

Dec 10 2016 09:30 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


End of Year 2016

New opportunities for global brand owners

IP owners are constantly looking for new countries in which to protect and enforce their rights, particularly as growth in mature markets slows. Three countries that are opening up to international investment are Cuba, Iran and Myanmar. Natalie Rahhal and James Nurton find out about the latest developments in these three states, particularly for trade mark owners, and also look at other jurisdictions that could become more important for IP



Most read articles

Supplements