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Marks that cannot themselves be registered as trademarks but have achieved secondary meaning can still be protected from unfair competition; under the 1881 Act, circuit courts do not have jurisdiction over a dispute by two parties of the same state not involving a registrable trademark Clinton E. Worden & Co. v. California Fig Syrup Co.
A concurrent use registration can be very detailed in the geographic divisions laid down. It may, for example, allow one party to own the right to use a mark within a fifty-mile radius around a handful of selected cities or counties, while the other party owns the right to use the same mark everywhere else in the country.
An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. "Apple" for computers). Such marks consist of words or images which have some dictionary meaning before being adopted as trademarks, but which are used in connection with products or services unrelated to that dictionary meaning.
An examining attorney at the United States Patent and Trademark Office (USPTO) refused registration under 15 U.S.C. §1052(c), stating that the use of the word "TRUMP" in the mark would likely be construed by the public as a reference to Donald Trump and that, without the then-President's written consent, the registration had to be refused.
One disadvantage of the Madrid system is that any refusal, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration will lead to the refusal, withdrawal or cancellation of the international registration to the same extent. For example, if a basic ...
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The GSA agreement, due September 1, gives Trump’s team access to office space and secure communications, among other provisions. And the White House agreement, due October 1, serves as the ...
Two Pesos, Inc. v. Taco Cabana, Inc. 505 U.S. 763 (1992) (Supreme Court applied trademark distinctiveness spectrum to trade dress, arguably giving official sanction to the merger of the requirements for trademark and trade dress, noting that inherently distinctive trade dress required no showing of secondary meaning.)
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