International,trademark,laws,N law International trademark laws
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}It is vital to note that despitethere are systems which facilitate the filing, registration or application oftrademark rights in more than one authority on a regional or global basis (e.g.the Madrid and CTM systems, see further below), it is presently not possible tofile and acquire a single trademark record which will automatically applyaround the world. Like any national law, trademark laws apply only in their relevantcountry or authority, a quality which is sometimes known as"territoriality".Agreement on Trade-RelatedAspects of Intellectual Property RightsThe natural limitations of theterritorial application of trademark laws have been mitigated by variousintellectual property treaties, foremost amongst which is the WTO Agreement onTrade-Related Aspects of Intellectual Property Rights. TRIPS sets up legalcompatibility between member jurisdictions by requiring the harmonization ofapplicable laws. For example, Article 15(1) of TRIPS provides a definition for"sign" which is used as or forms part of the definition of"trademark" in the trademark legislation of many authorities aroundthe world.The Madrid system for the internationalregistration of marksThe principal internationalsystem for facilitating the registration of trademarks in multiplejurisdictions is commonly known as the "Madrid system". Madrid provides a centrally managed systemfor securing trademark registrations in member jurisdictions by extending theprotection of an "international registration" acquired through theWorld Intellectual Property Organization. This international registration is inturn based upon an application or registration obtained by a trade markapplicant in its home jurisdiction.The main advantage of the Madrid system is that itpermits a trademark owner to obtain trademark protection in many jurisdictionsby filing one application in one authority with one set of fees, and make anychanges (e.g. changes of name or address) and renew record across allapplicable jurisdictions through a single administrative process. Furthermore,the "coverage" of the international record may be extended toadditional member authority at any time.Trademark Law TreatyThe Trademark Law Treaty sets upa system pursuant to which member authority agrees to standardize proceduralaspects of the trademark record process. It is not necessarily respective ofrules within individual countries.Well-known trade markWell-known trade mark status iscommonly issued to famous international trade marks in less-developed legal authorities.Pursuant to Article 6 bis of theParis Convention, countries are allowed to grant this status to marks that therelevant authority considers are 'well known'. In addition to the standard basisfor trade mark infringement (same/similar mark applied same/similar goods orservices, and a likelihood of confusion), if the mark is considered well knownit is an breach to apply the same or a similar mark to dissimilargoods/services where there is confusion, including where it takes unfairadvantage of the well-known mark or causing detriment to it. Article Tags: Trademark Laws, Intellectual Property, Madrid System, International Registration, Trade Mark
International,trademark,laws,N