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Author Topic: international trademarks - global aggreements  (Read 743 times)

Shparky

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international trademarks - global aggreements
« on: 06-03-06 at 12:40 am »

Hi All..

If a trademark is registered in the US...
Is it automatically defendable in other countries?

like Spain, Morocco, Italy, Mexico, Brazil, Canada, China, New Zealand, Germany ?

or is there some kind of new global agreement or old agreement that still apply.... ?

Shparky
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CriterionD

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Re: international trademarks - global aggreements
« Reply #1 on: 06-03-06 at 04:28 pm »

The closest measure in place is the Madrid Protocol

http://www.uspto.gov/web/trademarks/madrid/madridfaqs.htm

JSonnabend

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Re: international trademarks - global aggreements
« Reply #2 on: 06-05-06 at 06:23 am »

I'm not sure what CriterionD means by "closest measure", but I think reference to the Madrid Protocol is a bit off-base as an answer to your specific question.

The Madrid Protocol essentially provides a mechanism to streamline the filing of TM registrations in multiple countries.  It does not directly address the enforcement in a second country of a mark registered in a first country (which is what I understand you to be asking).  

In certain limited circumstances, "well known" marks may effectively be enforced in a second country even without registration there.  Qualification as a "well known" mark is somewhat limited, but not altogether out of the question, for most mark owners.

- Jeff

« Last Edit: 06-05-06 at 06:23 am by JSonnabend »
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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