Understanding Concurrent Use Registration and Its Impact on Trademark Rights

Definition & Meaning

Concurrent use registration refers to a federal trademark registration that allows multiple parties to use similar marks in different geographic areas. Typically, the first company to use a mark has the right to register it nationwide, except in areas where another company is already using a similar mark. If a second user registers their mark first, they gain nationwide rights, but only within the regions where the first user does not operate. This system helps to resolve conflicts between similar trademarks while allowing both parties to coexist in their respective markets.

Table of content

Legal Use & context

Concurrent use registration is primarily used in trademark law. It is relevant in situations where two or more businesses operate under similar marks but in different regions. This registration process is often handled through the United States Patent and Trademark Office (USPTO). Users can manage this process themselves with the right legal forms, such as those provided by US Legal Forms, which can assist in filing concurrent use applications and navigating potential conflicts.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) Company A has been using the mark "Fresh Bites" in California since 2010. Company B starts using the same mark in New York in 2015. If Company A applies for concurrent use registration, they can secure rights in California while allowing Company B to register their mark for New York.

Relevant laws & statutes

Pursuant to 15 USCS § 1052, an eligible applicant can request a concurrent registration alongside a conflicting mark. This statute outlines the framework for concurrent use applications and the rights associated with them.

Comparison with related terms

Term	Description	Key Differences
Concurrent Use Registration	Allows multiple users to register similar marks in different areas.	Focuses on geographic limitations and coexistence.
Standard Trademark Registration	Provides nationwide rights to a single user of a mark.	Does not consider geographic limitations of other users.
Common Law Trademark Rights	Rights based on actual use of a mark without formal registration.	Does not provide the same protections as federal registration.

Common misunderstandings

What to do if this term applies to you

If you believe concurrent use registration applies to your situation, consider the following steps:

Assess your mark's usage and determine if it conflicts with another mark.
Gather evidence of your use in your geographic area.
Consult with a legal professional or use US Legal Forms to find templates for filing a concurrent use application.

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Quick facts

Typical fees: Varies based on application type and legal assistance.
Jurisdiction: Federal, managed by the USPTO.
Possible penalties: Loss of rights if not properly registered or if conflicts arise.