Although often overlapping, the right to use a trademark and the right to register a trademark are distinct rights. Different entities – typically federal district courts and the United States Patent and Trademark Office – determine these rights after reviewing different facts in different contexts. These differences affect trademark portfolio management decisions and the resolution of trademark disputes. In order to effectively counsel clients, trademark lawyers should develop a fine-tuned understanding of the differences between the right to use a trademark and the right to register a trademark.
With this goal in mind, the panelists will discuss the overlap and the differences between the right to use and the right to register a trademark. The discussion will also include an analysis of B & B Hardware, Inc. v. Hargis, set for argument before the Supreme Court on December 2, 2014.
Speakers
Stephen R. Baird
Winthrop & Weinstine, P.A.
Stephen R. Baird has more than 20 years of experience in trademark law. As chair of Winthrop & Weinstine’s intellectual property group, Stephen counsels clients on significant trademark matters, including trademark registration, litigation, and enforcement. He has been listed as a Super Lawyer® every year for more than a decade, he is a top 100 Super Lawyer® in Minnesota, and he has been twice named an Attorney of the Year by Minnesota Lawyer, most recently in 2013. Stephen is also recognized in the World Trademark Review 1000 for his distinction in the fields of trademark prosecution and strategy and trademark enforcement and litigation. Stephen regularly blogs about trademarks, marketing, and advertising through Winthrop & Weinstine’s award-winning DuetsBlog at http://www.duetsblog.com. In the short span of five years, DuetsBlog, designed to bridge the gap between legal and marketing types, has been recognized as one of the top twenty-five IP blogs of all time throughout the world.
Patrick J. Gallagher
Norton Rose Fulbright
Patrick J. Gallagher is a partner in the IP Brands Practice Group at the global law firm Norton Rose Fulbright, where his practice focuses on trademark counseling, portfolio management and enforcement. Patrick has practiced trademark law for 15 years and regularly speaks about managing and protecting trademarks in domestic, international, and online environments. Patrick is also recognized in the World Trademark Review 1000 for his service in trademark prosecution and strategy. Patrick is an Editor of Norton Rose Fulbright’s The Brand Protection Blog at http://brandprotection.nortonrosefulbright.com.
Draeke H. Weseman
Weseman Law Office, PLLC
Draeke H. Weseman is the owner of Weseman Law Office, PLLC, (http://www.wesemanlaw.com) a solo law firm he founded in 2010. Draeke has represented and counseled clients in trademark infringement actions and opposition proceedings and concerning trademark protection and registration. Draeke has previously presented CLEs on topics in trademark law for the Minnesota State Bar Association, Minnesota CLE, and Thomson Reuters.
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