미국의 상표제도상 상표권과 상표의 사용 간 관련성에 관한 소고

The Relationship between Trademark Right and Trademark Use in the U.S. Trademark Protection System

Common law trademark right arise from the actual use of trademark in trade in the United States. The geographical area of that common law trademark right is limited to the region that a trademark owner actually used the trademark but if the trademark owner register the mark as a federal trademark on the principal register of the USPTO, the geographically limited common law trademark right is extended to the all region of the United States. Unlike other countries, the United States adopted the first-to-use system in acquiring trademark right. Fist-to-use system that was stemmed from the traditional ‘in-gross/appurtenant dichotomy rule’ of trademark right has been reflected in the common law and the 1946 Lanham Act in the United States. This thesis focus on the relationship between the trademark right acquisition and federal trademark application, examination, registration and maintenance of trademark right with the trademark use in the United States.