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  1. #1
    Join Date
    Mar 2019
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    17

    Default How is Common Law Regional Market Penetration Handled when Not Known

    If an app on the Apple store does not have a registered trademark, how can the owner determine the regional market that it can claim under a common law trademark?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,063

    Default Re: How is Common Law Regional Market Penetration Handled when Not Known

    Quote Quoting Katydog
    View Post
    If an app on the Apple store does not have a registered trademark, how can the owner determine the regional market that it can claim under a common law trademark?
    An entity generally holds trademark rights in the geographical area which it engages in business using the trademark. With an app, it could arguably be anywhere and everywhere.

    Of course, if there are others using the same mark or a confusingly similar mark, there would be an issue of who used the mark in any given area first. They are likely to hold the rights in that area.

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