TRADEMARK CASE 2
Various entities, businesses, and charitable organizations are using the logos throughout the
State. The Lanham (Trademark) Act of 1946 protects the unregistered trademarks (Dutfield,
2017). The fact that the trademark is unregistered means that the athletic department can
immediately register the logos and design as their trademark. The best approach is to register the
trademark with the United States Patent and Trademark Office (USPTO). The athletic
department shall have the advantage that their trademark shall enjoy federal protection in all
States.
The registration process means that the athletic department needs to limit the other parties
from using the logo after registration (McKenna & Sprigman, 2016). The fact that the logo is
unregistered means that the first party to register the logo as a trademark gains the right to the
exclusive use of the trademark. In other words, the athletic department shall have an opportunity
to enjoy the first-registration benefits. The rule is that the first party to register the trademark
overrides the interests of other users (Dutfield, 2017).
In some States in the United States, the first user rule applies (McKenna & Sprigman,
2016). That means that the first party to use the logo and designs as the unregistered trademark
has the exclusive right to use it to the exclusion of other parties. Such a rule can only apply if the
university is a region that applies the first user rule. In this case, it is prudent to compare which
party first used the logo and the design as a trademark. If the athletic department was not the first
entity to practice the use of the logos, it is wise to drop the use of the logos to avoid the breach of
unregistered trademarks.
References
Dutfield, G. (2017). Intellectual property rights and the life science industries: a twentieth
