Concurrent use is a term which refers to federal trademark registration of similar mark to 2 or more parties that are not related. Each party has a trademark registration which is limited to a particular geographical area.Under normal circumstances, the party that becomes the first one to adopt a particular trademark retains the exclusive right to use it for their products.This prevents confusion.Any party that infringes on another’s trademark right can be fined in court of law. But with the introduction of concurrent use under federal law, another party can legally get the right to use similar trademark for their goods and services in a particular location.
“Concurrent use is a term which refers to federal trademark registration of similar mark to 2 or more parties that are not related. Each party has a trademark registration which is limited to a particular geographical area.”
Concurrent use registration is important because it gives opportunity to potential applicants to enjoy the benefits of trademark registration using their preferred trademark even if it already exists. However, it may infringe on another party’s trademark. This is its biggest limitation. No wonder it is restricted to a distinct geographical area or particular channel of trade. This is done to make sure that the level of infringement does not go beyond certain limits.
The second user will adopt the trademark and use it a distant geographical area. This helps to prevent confusion especially among customers who are used to a certain trademark on a particular brand.It can also be used on dissimilar goods. It is also appropriate to products that have a different market. This helps to prevent the business of another party from being negatively affected.
The two parties that are involved in concurrent use registration agree to step out of each other’s way so that there is no business interference. They also reach an agreement to step out of another party’s territory. This can be in terms of geographical location or type of business. Goods bearing the same trademark should not be found in the same market location. To add on, no party is allowed to produce same products that use similar trademark.
There is a procedure that is usually followed when a party applies for concurrent registration. USPTO examining attorney will look at the documents to ensure that they comply with basic registration requirements.There are also certain requirements that the applicant should fulfill.
These Are The Requirements For Concurrent Use
- The applicant should specify the type of products as well as the geographical area of operation.
- The party should also explain any exceptions regarding the use of concurrent use registration. All necessary information should be given.
- The applicant is also required to provide a list of all the concurrent users. The list should include their names and addresses. The mode of trademark use should also be given if available.
- Concurrent use registration should be modified so that no other party except those involved in the agreement are allowed to use the trademark.