What is Concurrent Use Registration of a Trademark?

The United States trademark laws allow for concurrent use registration, whereby a similar trademark can be federally registered by two or more unrelated parties, albeit with a specific restriction limiting each party’s registration to a distinct geographic area.  By filing a concurrent use application and then following on through concurrent use proceedings, a potential registrant can obtain their own protection for a trademark that has already been federally registered by another party.  The key to concurrent use registration is the question of whether similar trademarks can co-exist without causing consumer confusion.  Restricting a trademark registered under concurrent use to a specific geographic region limits the possibility of it impeding upon the territory of other similar trademarks and potentially helps avoid conflicts of confusion. 

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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