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Common Law Marriages

What Is an Unregistered Trademark? (with picture) - wiseGEEK

An unregistered trademark is a unique mark used to identify goods in commerce. It relies upon common law rules regarding actual use and territoriality to confer .
http://www.wisegeek.com/what-is-an-unregistered-trademark.htm

The requirements for a common law marriage are as follows:

Unregistered Trade Marks and Passing Off: Protect Your Brand and ...

An unregistered trade mark is a trade mark which hasn't been registered. . Passing off is a UK common law right, which has arisen out of judge made law, .
http://ip-active.com/trademarks/unregistered-trademarks.php

Common law marriage is recognized only in the following states:

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if created before 1/1/1997)
  • Idaho (if created before 1/1/1996)
  • Iowa
  • Kansas (both age 18 or older)
  • Montana
  • Common Law - Definition of Common Law - Inventors - About.com

    Rights called common law rights arise from actual use of a trademark. . from state-to-state protect state registered and unregistered (common law) trademarks. " .
    http://inventors.about.com/od/definations/g/common_law.htm

  • Ohio (if created before 10/10/1991)
  • Oklahoma (if created before 11/1/1998)
  • Pennsylvania (see below)
  • Rhode Island
  • South Carolina
  • Texas ("informal marriage")
  • Utah (only if validated by court/administrative order)

Unregistered trademark - Wikipedia, the free encyclopedia

An unregistered mark may still receive common law trademark rights. Those rights, for example, may extend to its area of influence—usually delineated by .
http://en.wikipedia.org/wiki/Unregistered_trademark

Common Law Trademark Rights (BitLaw)

The Common Law Trademarks section of BitLaw discusses the trademark rights granted in the United States bases solely on use of the mark without any .
http://www.bitlaw.com/trademark/common.html

Common Law Trademarks (and its Case Law) | LSNTAP

Common-law trademark claims apply similar principles and case law to the . Unregistered common-law marks are protected locally even if someone later .
http://lsntap.org/Cyber_TradeMark_Caselaw

Lessons for Unregistered Common Law Trademark Owners

Mar 15, 2012 . Lessons for Unregistered Common Law Trademark Owners. I often hear from businesses that do not have a registered trademark but have a .
http://domain-name-lawyer.blogspot.com/2012/03/lessons-for-unregistered-common-law.html

Common Law Trademark Sources :: San Francisco Public Library

The first business to use a trademark generally obtains certain common law rights to it, whether or not it is registered. The owners of unregistered trademarks  .
http://sfpl.org/index.php?pg=2000020801

Trademarks FAQs - United States Patent and Trademark Office

? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use .
http://www.uspto.gov/faq/trademarks.jsp

Protecting unregistered trade marks - UK Intellectual Property Office

Unregistered trade marks can only be protected by the common law tort of passing off. This is where someone . How do I protect my unregistered trade mark?
http://www.ipo.gov.uk/types/tm/t-about/t-protect/t-protect-unreg.htm

28 - World Trademark Review

In the United Kingdom, a brand owner can protect its unregistered trademarks and commercial signs through the common law right of passing off. This concept  .
http://www.worldtrademarkreview.com/Issues/Articles.aspx?g=1662732b-6003-484f-b562-2e048520a0bc&sp=co-published

Common Law on Trademark Abandonment | Chron.com

For unregistered trademarks, also known as common law trademarks, there are limited ways in which a trademark can be abandoned because there are fewer .
http://smallbusiness.chron.com/common-law-trademark-abandonment-60640.html

State Common Law Marriage Requirements
Alabama

How Are Marks Protected? - About Trademarks

Trademark rights are protected through registration, maintenance, watching, and . Unregistered marks are protected at "common law" in the U.S. -- marks need .
http://www.ggmark.com/protect.html

Colorado

Trademark Law - The History Of Trademark Law - Tabberone

It is possible for a state-registered trademark, or a common law unregistered trademark, to have rights superior to a trademark with a valid federal registration,  .
http://www.tabberone.com/Trademarks/TrademarkLaw/History/History.shtml

District of Columbia

Trademark FAQ | Law Firm Parsons & Goltry Attorneys Phoenix ...

A good trademark search clears potential marks for use or registration, reveals state and unregistered common law trademarks in addition to pending and .
http://www.patentsavers.com/PracticeAreas/Trademark-FAQs.asp

Iowa

Trade-Marks - Canadian Intellectual Property Office

. difference between a Registered Trade-mark and an Unregistered Trade-mark. . for a certain length of time can establish your ownership under common law.
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng//wr02362.html

Kansas

Trade Mark Registration, Common Law and Trade Practices Act ...

Registration of a trade mark is not compulsory. However, protection of rights in unregistered marks, by trade practices and passing off actions, requires proof of .
http://www.halfords.com.au/tm_info.shtml

Montana

Introduction to Trademarks - Part 5 - Registered vs. Unregistered TMs

Feb 19, 2013 . Unlike most other countries, Canada provides some limited protection to unregistered trademarks. They are also called "common law .
http://www.youtube.com/watch?v=zKvMIKS21gs

Oklahoma

Fish & Richardson | Prior User vs. Federal Registrant: Whose Mark ...

Under common law, trademark rights within a certain territory are based on priority . an unregistered prior user may have superior rights, at least in that territory.
http://www.fr.com/Prior-User-vs-Federal-Registrant--Whose-Mark-Is-It-Anyway1/

Pennsylvania verbal exchange between the couple expressing intent and agreement to be married
Rhode Island

Download PDF - Bereskin & Parr

Country correspondent. Unregistered trademarks, trade names and other business signs are protected in. Canada under the common law action of passing off.
http://www.bereskinparr.com/files/file/docs/TM_WTMR_CR_MLG1208.pdf

South Carolina couple intends for others to believe the couple is married
Texas

NOlO'S GUIDe TO TRADeMARk APPlICATIONS - Nolo Now

The fact is that you may not need to bother. The owners of unregistered trademarks acquire certain legal rights known as “common law” rights. These rights are .
http://nolonow.nolo.com/noe/popup/trademark_application_guide.pdf

Utah

UK Web Common Law Search | Thomson CompuMark

Introducing our new, improved UK Web Common Law search. The UK Web Common Law Search covers unregistered trademarks and trade names and .
http://trademarks.thomsonreuters.com/training/uk-web-common-law-search

See also the discussion of common law marriage on the home web site and on the common last names louisiana web site.

 

 
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US Trademark Law - Wikibooks, open books for an open world

It is possible for a state-registered trademark, or a common law unregistered trademark, to have rights superior to a trademark with a valid federal registration,  .
http://en.wikibooks.org/wiki/US_Trademark_Law


Common Law Marks, Recognition in the Marketplace and Proof of ...

May 20, 2008 . Given that owners of unregistered trademarks have rights in common law jurisdictions, a second question concerns the quality of evidence the .
http://www.lexisnexis.com/community/copyright-trademarklaw/blogs/copyrightandtrademarklawblog/archive/2008/05/20/common-law-marks_2c00_-recognition-in-the-marketplace-and-proof-of-secondary-meaning.aspx


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