QUESTION

Trademark

Asked on Oct 06th, 2012 on Intellectual Property - New Jersey
More details to this question:
Trademark, registered is applicable to one Country or is it a Global Trademark. Suppose I register a trademark in France, That name is a Global Trademark or only applicable for France.
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2 ANSWERS

There are no "international" trademark registrations. In certain countries such as the United States your trademark rights may be enforceable simply if you use the trademark in that country. In other countries, you must register the trademark in each country in order to have enforceable trademark rights. There are some situations where you can apply for a single registration that applies to multiple countries, such as the Office for Harmonization in the Internal Market of the European Union (http://oami.europa.eu/ows/rw/pages/index.en.do). You can file for a CTM (Community Trademark) with the OHIM and, if it is granted, the registration will apply to all 27 Members States of the European Union and will automatically extend to the new Member State(s) without additional fees. At present, it sounds as if your registration is only valid in France. However, if you use the trademark in the US, you may have "common law" rights even without registration.
Answered on Oct 13th, 2012 at 12:54 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Generally speaking, trademark registration is national only in scope. Remember that trademark protection may also extend to certain locations where the trademark is in actual use, even if not registered there.
Answered on Oct 06th, 2012 at 6:39 AM

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