If a search discloses a cancelled registration for a conflicting mark, why should this cancelled mark be investigated??
What will be an ideal response?
Even though the registration may be cancelled, the mark itself may still be in use. Thus, the mark that is the subject of the search could infringe this conflicting mark. Rights to marks in the United States arise from use and not from registration. Thus, even though the registration for the mark is cancelled, the mark itself still would retain priority over any junior users.?
You might also like to view...
Agency decisions not to act are rarely successfully challenged
a. True b. False
The government has the right to take property because of the
A. power of eminent domain. B. the Due Process Clause. C. the concept of economic liberty. D. the Takings Clause.
Define global mindset and why it is related to expatriate success.
What will be an ideal response?
The purpose of ____ law is to provide remedies for the invasion of personal interests or rights-such as people's interests in their physical safety and security, privacy, freedom of movement, and reputation-that society seeks to protect.?
A. ?tort B. ?constitutional C. ?property D. ?contract