Wash. Rev. Code » Title 19 · Chapter 19.77
Revised Code of Washington

Wash. Rev. Code § 19.77.900 (2025)

Common law rights preserved prior to registration

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Nothing herein shall adversely affect the rights or the enforcement of rights in trademarks acquired in good faith at common law prior to registration under this chapter; however, during any period subsequent to July 23, 1989, when the registration of a mark under this chapter is in force and the registrant has not abandoned the trademark, no common law rights as against the registrant may be acquired.
[ 1989 c 72 s 12; 1955 c 211 s 16.]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: Cave Man Kitchens Inc v. Caveman Foods, LLC, No. 2:18-cv-01274 (W.D. Wash. Nov. 23, 2020).
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Cave Man Kitchens Inc v. Caveman Foods, LLC, No. 2:18-cv-01274 (W.D. Wash. Nov. 23, 2020). · cites it 2× “See RCW 19.77.900 6 (recognizing “rights or the enforcement of rights in trademarks acquired in good faith at 7 common law prior to registration”); see also McCarthy at § 18.”
Olson Kundig Inc v. 12th Avenue Iron Inc, No. 2:22-cv-00825 (W.D. Wash. Sept. 12, 2022). “1995); see also RCW 19.77.900 6 (“Nothing herein shall adversely affect the rights or the enforcement of rights in 7 trademarks acquired in good faith at common law .”
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