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

RT @IP_STARS: IP firm news from @HoganLovellsIP, @Hunton_Williams, @AllenOvery https://t.co/5F0rwHYvlm .@ManagingIP #partner hire #Intellec…

Sep 23 2016 04:56 ·  reply ·  retweet ·  favourite
ManagingIP profile

.@MarquesIP chair Uwe Over finally gets to wear his flip-flops at the end of #marques16 Next year: Prague! 🇨🇿… https://t.co/emBn7LeJTA

Sep 23 2016 01:32 ·  reply ·  retweet ·  favourite
ManagingIP profile

#marques16 moderator: "We're running out of time..." Marion Heathcote: "Indigenous communities have waited hundreds of years" Audience: 👏👏👏

Sep 23 2016 10:40 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's AIPPI Congress News - published daily by Managing IP direct from the AIPPI Annual Meeting in Milan


null null null

September 2016

The Mad Men of IP

In the early 1960s, patent practice was quiet and inventors often faced a hostile environment. But then, like now, new technologies were emerging to reshape business and the economy. Across North America, innovative lawyers set up boutique firms that would transform the market, many of which still exist today. Fifty years on, Jakob Schnaidt tells their story



Most read articles

Supplements