Deck 8: International Trademark Law

Question 1

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

Answer 1

five

Question 2

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

Answer 2

False

Question 3

Most countries do not recognize common law trademarks as does the United States.

Answer 3

True

Question 4

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?

Question 5

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

Question 6

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

Question 7

Pierre, a citizen of a foreign country, obtains a registration of his mark PARIS LIFE in the United States on June 1, 2016, even though he has never used the mark in his home country. What obligations are imposed on Pierre with respect to maintenance of his mark in the United States?

Question 8

Use in any European Union country is presumed to constitute use of the mark in all EU countries under the CTM system.

Question 9

Foreign applicants for U.S. trademark registrations must eventually supply a registration from their home country in order to secure a U.S. registration.

Question 10

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

Question 11

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

Question 12

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

Question 13

In most countries trademark registrations are valid for ______ years.

Question 14

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.

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

A bottle of cabernet bears the mark PASO ROBLES RUBY. May the wine originate in the Napa Valley?

Question 22

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.

Question 23

Under a process called ______ , the holder of an international registration under the Madrid Protocol may later add countries to the registration.

Question 24

Under the principle of ______ if a Madrid Protocol registration is invalidated in its home country within a certain period of time after registration, the international registration is also invalidated.

Question 25

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

Question 26

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

Question 27

What is "transformation" of a Madrid Protocol registration?

Question 28

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