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Archived updates for Thursday, September 02, 2004

INTA: Famous and Well-Known Trademarks in Civil Law Countries

According to an article in the Septemebr 1, 2004 INTA Bulletin "National law in civil law countries (where registration rather than use is the basis for exclusive rights in a mark) can be particularly troublesome for an owner of a famous or well-known trademark. In these jurisdictions, local pirates often seek to usurp the legitimate owner's rights by registering famous or well-known marks before the rightful owner. These piratical registrations can then serve to block the rightful owner from using and registering its mark locally. . . ." The author concludes that "As nations continue to develop famous and well-known mark standards, consistency could be increased by recalling that the consumer should be the ultimate proving ground." My advice is to "file early and file often."
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