TMEP 1609.06: Territorial Restrictions

October 2017 Edition of the TMEP

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1609.06    Territorial Restrictions

A registration cannot be restricted territorially by amendment under §7(e) of the Act. In re Forbo, 4 USPQ2d 1415 (Comm’r Pats. 1984).  Generally, a concurrent use restriction cannot be removed from a registration by an amendment under §7(e), except where an entity that was the only exception to the owner’s right to exclusive use of its registered mark assigns its rights in the mark to the owner of the registration, so that all rights in the mark are merged in the owner. In re Alfred Dunhill Ltd., 4 USPQ2d 1383 (Comm’r Pats. 1987); TBMP §§1101.02, 1114.