Constructive notice is a
legal fiction used in the
law of both
common law and
civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.For example, one benefit of registering a
trademark with the
federal government of the United States is that the registration gives nationwide constructive notice that the trademark is owned by the registrant. Therefore, if another entity uses the mark, they will be treated as though they knew their use of it was a
trademark infringement, even if they had no actual knowledge of the registration, or the registrant's use of the mark.
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