Credit: Arcady/Adobe Stock Trademark Priority and Tacking
In Bertini v. Apple, a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that there are strict limits on using the tacking doctrine to take advantage of an earlier use of a mark on different of goods or services.
July 14, 2023 at 10:00 AM
10 minute read
Trademark rights arise from use of a trademark in commerce. When two or more entities offer the same or related goods or services under the same or similar trademarks, in general, the first entity that uses a trademark, or files an intent to use trademark application, has seniority.
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