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Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
In contrast to federal registration, common law trademarks are usually enforceable only within the geographic region or locale where the trademark owner is using it in business. When an infringement occurs, an unregistered trademark owner may not be able to sue and collect damages or recover attorneys fees, unlike registered trademarks. [ 12 ]
Territorial extent of trademark rights Majority: Holmes: Trademark Act of 1905 The Trade-Mark Act cannot enjoin infringement occurring only intrastate; Common-law trademark rights to not extend to states where the mark has not been used. Kellogg Co. v. National Biscuit Co. 305 U.S. 111: 1938: Substantive: Secondary meaning Majority: Brandeis
The Tea Rose-Rectanus doctrine or remote, good-faith user doctrine [1] is a common law rule of United States trademark law that determines the geographic scope of rights. The doctrine allows a junior user of a mark that is geographically remote from the senior user of the mark to establish priority over a senior user's claim to the mark in the junior user's area. [2]
For example, in the United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration.
In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. Before its enactment, trademarks relied solely on protection under state-level common law. [4]
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