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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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INTA's annual meeting is in Barcelona next year! We spoke to its co-chairs https://t.co/p7aXG4yFg7 #INTA16 https://t.co/0KI7kGrulL

May 25 2016 08:01 ·  reply ·  retweet ·  favourite
ManagingIP profile

Assertive anticounterfeiting in Africa and Asia https://t.co/9hesZvNeak #INTA16

May 25 2016 07:30 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @ballard_ip: 9th Cir. disappoints: Holds Octane Fitness does not apply in #trademark cases. Creates circuit split https://t.co/lAfJOFBqG

May 25 2016 07:10 ·  reply ·  retweet ·  favourite
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