Re: Re: US-Foreign Trademarks

Subject: Re: Re: Re: US-Foreign Trademarks

Comments:
: : : Should you do a search for a trademark in just the us, or should you do one in europe, if you plan on doing things there? I need to search a name, but I think there was at one time the same name, for the same type of business about 5 or 6 years ago. Is it wise to use this name if there is nolonger anyone using it now? : : : thanks : : : tknight : : If you plan to use a name in the U.S. it should be searched in the U.S. unless you plan to use the mark all over the world. U.S. searching is not expensive. European searching comes down to searching every country even though there are multiple country registrations. The more countries the more it can cost, though it may be able to be done in one search. : : If a name has been used and then abandoned there is a right to use it. If there are uncanceled registrations outstanding, even if they are abandoned, they may have to be canceled in order to get a registration. It can be expensive. : : It would be easier to evaluate the facts than to speculate on the risks. Basically you can use an abandoned mark. : : Searching is an art not a science. Even though it is not a certainty it is important to do to try to avoid future trouble. Getting out of trouble is much more expensive than being careful. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : ELAINE's Workshop: Early Legal Advice Is Not Expensive(sm) : We have been using our trademark, although unregistered, since 1983. : We have used it in the US in 1986 and then through a joint venture in 1988 in the USA again. : The JV ended and the agreements, including the license terminated in 1990/91. : Both parties carried on with the business and the party in the US registered the Trademarks even though he did not own them and the license to use had terminated. : In 1998 a legal battle started and now the question is : Who owns the TM? : We had first use in the USA, 1986, then again through the JV until 1990/91. We also traded in the US in 1995 and the other party was aware of it but did not do anything. : We believe the other party had to notify the USPTO that someone else also had rights to the mark. In fact they never owned it and thus could not register it.

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