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- Trademarks
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- A trademark is a word, symbol, or device which
- identifies the source or sponsorship of goods and may serve
- as an index of quality.
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- Service marks perform the same function for businesses
- dealing in services rather than goods. For example, an
- airplane manufacturer might register its trademark, while
- an airline would register its service mark. In the United
- States, rights to trademarks, service marks, and other
- marks such as collective marks are acquired through use or
- prior foreign registration. However, in most countries
- trademark rights are acquired only through registration,
- and many countries require local use of the registered mark
- to maintain the registration. Whether a given mark can be
- registered in a particular country will depend on the law
- of that country. For example, some countries do not protect
- service marks.
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- The United States is not a member of any agreement
- under which a single filing will provide international
- protection, although the right of priority under the Paris
- Convention confers a substantial benefit.
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- Expanding businesses sometimes face a period of time
- in which their mark may be known and perhaps registered in
- the United States, but they are not quite ready to do
- business abroad. It is prudent to decide early where
- trademark protection will be needed and to protect rights
- by filing in those countries. Where to file is a business
- decision, balancing the expense of registration against its
- benefit. At a minimum you will want to file in countries in
- which you will do business. You may also find it desirable
- to file in countries which are known sources of counterfeit
- goods, although some may require local use to maintain a
- registration. Although trademark laws impose no deadlines
- for registering a mark, as a practical matter a business
- should register promptly in order to avoid having its mark
- registered by someone else.
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- Although not a legal requirement, it may help to
- investigate the connotation of a trademark, trade name, or
- trade dress before making a major investment in another
- country. A different language or culture may have
- unfavorable, silly or even rude meanings for words or
- symbols with neutral or favorable connotations in the U.S.
- Even package colors may connote different meanings. For
- example, white may imply purity in the United States, but
- it is the color of mourning in most of the Far East.
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- Trade names are also protected on a country-by-country
- basis. Although the Paris Convention requires protection
- of trade names, they are not necessarily registered. Each
- country protects them in accordance with its own business
- practices.
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