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Registration is not a necessary condition for enforcement of trademark rights (although it obviously helps). In some jurisdictions, of which the USA is one, an
by deadbadger 15y ago
Registration is not a necessary condition for enforcement of trademark rights (although it obviously helps). In some jurisdictions, of which the USA is one, an established history of use can be sufficient to establish rights to a given mark.
So while iCloud Communications do not appear to have a registration for the marks, that doesn't mean they have no rights to them.
http://www.uspto.gov/faq/trademarks.jsp#_Toc275426680 http://www.uspto.gov/faq/trademarks.jsp#_Toc275426680
- SeanLuke 15y agoMy understanding was that registration was necessary if you wanted to have standing to defend your trademark in federal court. Yet here I Cloud Communications is suing in US district court.