For the trademark owner, registration also resembles color of title: registration alone secures no rights, (90) Federal registration provides a mechanism to assert rights in a trademark, but provides only prima facie evidence that the registrant has used the mark in commerce.
In both regimes, productive use defines the scope of the right, but plus factors like color of title or fencing in the adverse possession context, or registration in the trademark context can alleviate some of the demands of productive use.
For section 09.45.052(a) to apply, the adverse possessor must have color of title. Three conditions establish color of title: (1) the adverse possessor has a written document purporting to transfer title to him; (2) the written document accurately describes the land claimed by the adverse possessor; and (3) the adverse possession was in good faith.
(121) In Alaska, section 09.10.030(a) has been relied on as authorizing courts to establish prescriptive easements, (122) and the test for prescriptive easements is essentially identical to the Linck test for color of title cases.
Section 09.45.052(a) still "conclusively" gives title to adverse possessors who have color of title and uninterruptedly, adversely, and notoriously possess property for at least seven years.
Tillinghast's view, it seems that good faith adverse possession involves deeds: either the adverse possessor has a deed but makes a mistake about where a boundary line is located, or he has color of title. (203) However, the 2003 revisions left open the possibility that some good faith adverse possessors might have no legal recourse.
Similarly, in color of title cases brought under section 09.45.052(a), discussed in Part II.B.3, infra, the possession of a grantee is presumptively hostile to his grantor.
It is worth nothing that a certificate of sale from a tax sale does not serve as color of title. The possessor needs the tax deed, issued after the owner's right of redemption has expired, in order to have color of tire.
(162.) See Cowan, 255 P.3d at 973 ("The net effect of [the 2003 revisions] was to limit Alaskans' adverse possession claims to cases where the claimant had either color of title or a good faith but mistaken belief that the claimant owned the land in question.").
(196.) A person could have color of title to an easement, in which case a permanent right to the easement could be acquired under section 09.52.045(a) of the Alaska Statutes.