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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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RT @WIPO: Next week: Standing Committee on the Law of #Patents. Draft agenda and documents: https://t.co/SSgwtG7Vmi. #SCP24

Jun 24 2016 02:11 ·  reply ·  retweet ·  favourite
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2/2 Having said that, the indications are it could be a long time before we know about details of impact on IP (eg conversion of EU rights)

Jun 24 2016 01:49 ·  reply ·  retweet ·  favourite
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All our #Brexit coverage is at https://t.co/jpv4cq8XeF - bookmark the page as it will be updated as we get more info & analysis 1/2

Jun 24 2016 01:48 ·  reply ·  retweet ·  favourite
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