Understanding Concurrent Use
When two companies in different parts of the country realize they have similar trademarks, issues of intellectual property may arise. Determining which company wins the right to use a trademark can take years. Fortunately, United States trademark laws allow for unrelated parties to federally register similar trademarks if the involved parties are willing to limit registration within a set geographic region—usually their home location. This is called concurrent use and can allow two companies to avoid litigation that may not be necessary.
Registering for Concurrent Use
In order to obtain permission for concurrent use, a business owner must list other parties who have rights to the mark and are operational in other parts of the country on his or her application. An applicant will be eligible to register for concurrent use if one of the following is true:
- The request is made in accordance with a decree made by a United States court that holds jurisdiction over patent proceedings,
- The other parties listed on the application consent to a concurrent use agreement, or
- The applicant’s date of first use is before the filing date of the application or of any registrations issued under the Trademark Act of 1946.
When one of these criteria is met, the applicant is responsible for proving he is entitled to concurrent use registration. If you are unsure whether to pursue litigation to defend your trademark or agree to concurrent use, discuss your options and rights with a Dallas intellectual property attorney at Gagnon, Peacock & Vereeke, P.C.
Contact a Dallas Intellectual Property Lawyer Today for Assistance
If your business is located in the Dallas area and you are interested in the concurrent use registration process, or other issues associated with intellectual property, the legal team at Gagnon, Peacock & Vereeke, P.C., may be able to help. Speak with a Dallas intellectual property attorney by calling (214) 317-4448 today for more information.