Licensee cannot rely on its licensor’s trademark use to establish priority

United States of America

For the first time, the Trademark Trial and Appeal Board considered whether a licensee can claim priority based on the purported common law trademark rights of its licensor. It held that a licensee cannot rely on the licensor’s use of a trademark to establish priority, even if the licensee has been appointed to represent the licensor’s IP rights in the United States.

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