The Madrid Trademark Agreement's basis in registration-based systems: does the Protocol overcome past biases?
Article Abstract:
The US should accept the Madrid Protocol on trademarks, despite having never accepted the original Madrid Trademark Agreement (MTA), because the Protocol minimizes much of the bias and favoritism that made the original MTA so unappealing to American interests. US trademark owners were wary of the disadvantages imposed by the MTA, which favored registration-based foreign trademark systems, such as the French system. Although an international trademark agreement theoretically protects all members uniformly, US companies, generally requiring more comprehensive and flexible protection, should find the Protocol acceptable.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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The Federal Trademark Dilution Act of 1995
Article Abstract:
The Federal Trademark Dilution Act of 1995 went into effect on Jan. 16, 1996, and will offer the owners of famous marks protection from dilution even in the absence of the likelihood of confusion. The law does not provide a definition of famous marks, but it does note that courts should consider wide recognition, registration and similarity of other marks as factors in determining whether protection is warranted. Relief for commercial dilution is limited to injunctions, unless the owner can show the dilution was willful.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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Wine & spirits, with abandonment! GATT's impact on U.S. trademark law
Article Abstract:
GATT implementing legislation, effective Jan 1, 1996, amended the Trademark Act Section 2(a) to bar registration of wines' and spirits' marks containing misleading geographic information. This created an absolute prohibition on registration of marks with language identifying places other than the place of the goods' origin. Another Trademark Act amendment required three years of non-use, rather than two, would be considered evidence of abandonment.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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