As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised.

The task, here, then, is to make inquiry to discover whether or not the picture is as bleak as it appears on first blush. It is one of attempting to fix the scope of the problem as it applies to labeling primarily and, further, of inquiring into the authority and wisdom of the Patent Office in its resolution of such an important issue.

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Food Drug Cosmetic Law Journal

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Additional Information

This article was prepared by Thomas Field under the supervision of Professor James. B. Gambrell, in partial fulfillment of the requirements for an L.L.M at the New York University School of Law, Graduate Division. Field subsequently joined the faculty of the Franklin Pierce Law Center.

The article was also made available as Paper 12 of the Pierce Law Faculty Scholarship Series by NELLCO (nellco.org).