Can someone register a service mark using a town’s name then sue the town for using the same service mark?
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Can someone register a service mark using a town’s name then sue the town for using the same service mark?
Example: Town Name – Old Shawneetown, IL Service Mark: Old Shawneetown Street Rally Can the town be sued for taking over the event and still call it Old Shawneetown Street Rally since it is still in the town but registered to someone other than the town, or is the town automatically covered in the service mark since they registered the town name without permission?
Asked on July 16, 2011 under Business Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No. The names of towns such as "Old Shawneetown" and other similar names are names of specific locations and have been used by the town for years and cannot be taken away from it. There are decisions stating that a a geographic area or name cannot be trade or service marked as a registered name.
Under "trade mark law" there are lines of cases in this country where a person or company may have used a particular name for years but never registered it via a State law of Federal law. Even though there is no registration, that person or entity after years of use would have a common law right to use the name in the geographic are it had been used in for years even if someone else actually registered the fame under State or Federal law.
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