www.intelproplaw.com | www.intelproplaw.com |
|
Re: Re: Re: US-Foreign Trademarks[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M. Arthur Auslander on May 08, 2001 at 03:50:26: In Reply to: Re: Re: US-Foreign Trademarks posted by Adrian Evans on May 07, 2001 at 04:50:41: : : : 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 : 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. Dear Adrian Evans, There may be a question about the ownership of the applicant at the time of applying. M. Arthur Auslander
|
www.intelproplaw.com |
The Intellectual Property Law Server Old Trademark Forum |
www.intelproplaw.com |