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What is the geographic scope of protection of a trademark?
This is perhaps the single most important, but overlooked question in trademark law. There are three types of trademarks when considered in the context of geographic scope. They are:
1) Common law trademarks have a geographic scope limited to the area of use or recognition, which could be as small of an area as a couple of city blocks.
2) State trademark registrations have a geographic scope of one state.
3) Federal trademark registrations encompass the country.
One, however, cannot acquire trademark rights where another has already acquired those rights. This is of critical importance to expanding the geographic scope of a company, whether it is your own or your competitor's company.
consider if Company A has been using a trademark since before the dawn of mankind as a common law trademark. Assume the use has been limited to the northern half of a state. Company B wants to interfere with Company A's expansion plans. Company B could acquire trademark rights in the southern half of the state simply by filing a state trademark registration, precluding company A from expanding in the state. Company B might file a federal trademark registration, precluding Company A from expanding anywhere inside the country! Neither the state nor the federal registration would permit Company B to use the trademark in the northern half of the state, since Company A was there first.
Updated: 11/12/99
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