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Exam 8: International Trademark Law

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Question 1

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In most countries trademark registrations are valid for ______ years.

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Question 2

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What is the difference in the treatment of trademark license agreements in the United States and in many foreign countries?

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In the United States, trademark license ...

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Marks applied for by foreign applicants are reviewed by the USPTO according to the same standards for registrability as applications made by U.S. citizens.

Are applications under the Madrid Protocol examined by the USPTO under more flexible standards than U.S. applications? Discuss.

The progress of a trademark application filed in a foreign country varies greatly from country to country.

In what way do foreign trademark applicants receive more favorable treatment than U.S. trademark applicants?

A CTM application allows a trademark owner to file one application and achieve registration in all member countries of the European Union.

In many foreign countries, trademark applicants need not use a mark to achieve a registration.

Only U.S. citizens may apply for trademarks with the USPTO.

An international registration obtained under the Madrid Protocol lasts for ______ years.

What is the most significant benefit provided by the Paris Convention for trademark applicants? Discuss and give an example.

If a mark has achieved registration in a Paris Convention country such as France, it must be registered by the USPTO.

U.S. law firms often have long-standing relationships with trademark attorneys in foreign countries, and these counsel are often called ______.

What does it mean to say that the Paris Convention is based on the principle of reciprocity or national treatment?

Trademark registrations obtained by foreign registrations under the Madrid Protocol are exempt from U.S. requirements relating to use and renewal of marks.

After ______ years, a registration under the Madrid Protocol exists independently of its status in its home country.

Prior to 1996, if U.S. applicants desired trademark protection in other countries, they needed to file separate applications in each country. Now, under the ______ they can file one application in more than 90 countries.

Identify one key change to U.S. trademark law resulting from TRIPS.

What does it mean to say that a Madrid Protocol extension of protection is dependent on the status of its home country registration?

Pablo has filed a CTM application for his mark to obtain protection throughout the European Union. Spain has refused registration of the mark. What is the effect of this refusal as to other EU countries? What option might Pedro pursue after this rejection?