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Author Topic: TM vs. Online -- who owns the mark first  (Read 741 times)

fb

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TM vs. Online -- who owns the mark first
« on: 02-18-12 at 04:53 am »

While it seems clear that in the US, if a brand is already online, then another person would not be able to file in the US for the same trademark. But how about in foreign territories, especially first-to-file trademark territories? If your brand is already in wide online use by people in those countries, can someone there still beat you to filing there, and thus stop your brand's sales there?

WIPO seems to have recommendations base on the nature of the product, the language used, the currency accepted, delivery options available, etc.
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southerngirl

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Re: TM vs. Online -- who owns the mark first
« Reply #1 on: 05-28-12 at 08:02 pm »

I would really like to know the answer to this question, too  :)
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JSonnabend

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Re: TM vs. Online -- who owns the mark first
« Reply #2 on: 05-29-12 at 09:29 am »

Based on my experience with enforcement in the EU, a first filed mark is subject to cancellation based on prior, unregistered use by a third party.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
 



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