® Trademark Infringement

Out of context: Reply #8

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  • jayoh0

    I just found this on the USPTO:

    Is registration of my mark required?

    No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

    * constructive notice to the public of the registrant's claim of ownership of the mark;
    * a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;

    *******
    So that means the mark is only exclusive when used in connection with the goods/services LISTED in the registration.

    So I guess since he does not sell cruises I'm OK

    jayoh 0Permalink
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