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Trademarks may also be registered at the state level. State registrations are less potent than federal trademark registration. But federal registration requires use of the mark in interstate commerce. If a mark is only used in one particular state, registration at the state level may be appropriate.
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
As of January 2014, there were 84 signatory nations to the Nice Agreement; these countries have officially adopted the Nice Classification and apply it in the registration of trademarks. In addition, 65 non-member countries, four organizations and the International Bureau of WIPO also use the Nice Classification.
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act. Having a mark registered under the Principal Register confers certain benefits on the holder of the mark. Among them are:
This led to the drafting of the Trademark Registration Treaty (TRT) which was adopted in Vienna in 1973, and entered into effect in 1980, with five contracting states, namely, Burkina Faso, Congo, Gabon, Soviet Union and Togo. In the absence of more accessions to the TRT and the low number of registrations since its inception, it was clear that ...
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