Madrid agreements protect trademarks abroad; international alliances in addition to the new EC system help harmonize trademark law
Article Abstract:
The Madrid Agreement Concerning the International Registration of Marks, or the Madrid Convention, and the newly ratified Madrid Protocol should facilitate trademark registration in all member nations. The US is not yet a member and must apply through a member country. The applicant's country of origin must register a trademark before there is an application under the Madrid Convention. The trademark owner must have a real industrial establishment or be a resident or national of the country of origin. The applicant may ask for protection in any member country and the resulting protection will be the same as that afforded under a national application.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Uniformity flows from IP treaties and EU law; the results have included more simplified provisions as well as removal of filing technicalities
Article Abstract:
Efforts to harmonize the trademark laws of European Union member countries have taken place in the last 5 years and have exercised direct and indirect influence on the laws of many countries. Direct influence has occurred in the changes required by the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, indirect, in the adoption of laws conforming to the standards of EU legislation by non-EU countries. More countries follow international trademark treaties such as the Paris Convention and the Madrid Protocol. Countries have simplified laws covering trademark application resulting in uniform registration mechanisms worldwide.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Shifts in Canadian law reflect harmonization with U.S. principles; recent legislation and court decisions highlight the changes
Article Abstract:
Canadian trademark law is changing in the direction of greater harmonization with US law. One bill which has been passed by parliament but not yet signed into law, the Intellectual Property Law Improvement Act, would abolish Canada's registered user system in favor of a less bureaucratic one. A licensee's use of a trademark will be simplified as long as the trademark owner has ultimate control of quality. The Act of Implement the North American Free Trade Agreement is pending in Parliament and should curtail the flow into the country of infringing wares. Other changes are detailed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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