Trademark tacking and what it means for your brands

By Mark Mutterperl, David Ball, Jessica Parise and Kedar Bhatia

A US Supreme Court case has put tacking – protecting a later mark by asserting the priority date of an earlier similar mark – centre stage. Yet while the court clarified that tacking is a question of fact rather than law, it gave little guidance as to how this might affect trademark portfolios

The Supreme Court’s decision earlier this year in Hana Financial v Hana Bank (135 S Ct 907 (2015)) may be the first time that many rights holders and trademark lawyers have heard about the doctrine of ‘tacking’, but it has been alive and well for decades now.

This article is part of World Trademark Review's premium intelligence and is only available to subscribers.

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

World Trademark Review is simply the first resource I will go to for trademark-related information, whether about the latest trademark law development or case news, top trademark practitioners or interesting trademark events.

Jerry F Xia
Deputy general counsel and chief IP counsel – Asia-Pacific, corporate law department


Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 71