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Author Topic: Similar mark in UK  (Read 675 times)

katea

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Similar mark in UK
« on: 03-25-11 at 09:02 am »

Just found out that there is a similar mark registered in UK for almost the same goods and services. Is this a problem for my mark if I register in US?
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BobRoberts

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Re: Similar mark in UK
« Reply #1 on: 04-15-11 at 11:44 am »

I'll take a stab.  Perhaps someone else could chime in, if my understanding is incorrect. 

In general, in the US, Trademark rights are territorial.  Thus, if the UK company doesn't do business in the US (i.e., doesn't sell goods and services in the US) and hasn't got any sort of an Intent -To-Use application filed in the US prior to your use of your mark in the US, then you should be OK (as long as you don't want to extend in to the UK, or another country where the UK company has trademark rights to their mark). 
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