INTERNATIONAL & COMPARATIVE TRADEMARK LAW
Dr. Gerd F. Kunze
Write your answers in the blue book supplied, but please use only one side of the page and observe the margin. Please write or print as legibly as possible.
Grading will be anonymous. Please do not put your name on anything you turn in. BE SURE YOUR EXAM NUMBER IS ON EACH - BLUE BOOK YOU TURN IN.
Note: In all answers, please specify articles, paragraphs and sentence(s) of International Conventions. Where appropriate, personal views of the rationale behind the provisions, and differences and similarities between them would be welcome.
A national of India, owner of a textile factory in Malaysia, having his habitual residence in Singapore, on March 15, 1995, filed an application for registration of the trademark ORIENTAL STAR in Japan. On June 15 he received an order to deliver T shirts to the USA under that trademark. He wants to know, what kind of protection he can get for his trademark ORIENTAL STAR in the USA. Please advise A, explaining the steps to be taken by him, and specify exactly the international and US-provisions that apply. Is the situation different if he does not have such order and only intends to start some export business to that country in the future, however without concrete plans for the next three years? [30 points]
A, owner of a trademark registration HARLEKIN in Germany, files an international application and, on June 15, 1996 obtains an international registration with extensions to France, Italy, Greece, Spain, Sweden and the United Kingdom. On May 15, 1998, the trademark registration is canceled in Germany.
Explain the eventual consequences of this cancellation for the trademark rights of A, under the Madrid Agreement and under the Madrid Protocol of 1989. You can base your answers on the assumption that, when A files his international application, the Protocol is in force and all countries designated in the international application are members of it. [20 points]
Compare the use requirements to maintain a trademark registration, as provided in the Paris Convention, TRIPS, NAFTA, the Andean Pact and the Directive to approximate the laws of the member countries of the European Communities of December 1988. [30 points]
2. Main differences between the Madrid Agreement and the Madrid Protocol [10 points).