Dr. Gerd F. Kunze

March 1996


This is a one-hour, open book exam (one hour and a half for students with native language different from English). You may consult the course materials and any other materials. Yet, your examination must be your own work. Do not discuss it with other students.

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.

Case 1:

X, a national of Thailand, is owner of a textile factory in Indonesia and has his habitual residence in Singapore. On November 15, 1995, he filed an application for registration of the trademark DRAGON for shirts in Japan, where he delivered since autumn 1995 T-shirts under that brand. On February 15, 1996 X received an order to deliver DRAGON T-shirts to the USA. He wants to know, what kind of trademark protection he can get for DRAGON in the USA. Please advise X, explaining the steps to be taken by him, and specify exactly the international and US-provisions that apply. [20 points]

Case 2:

In the situation as described in case 1, is your advise different if X did not receive an order for the USA and only intends to start some export business to this country in the future, however without concrete plans for the next three years? In that situation, would you advise X to register his trademark DRAGON in a country in Asia and, in the affirmative, in which? [20 points]

Case 3:

The German owner of the trademark BERLIN, registered in Germany, on April 15, 1996 files an international application and obtains an international registration with extensions to Denmark, France, Italy, Norway, Spain, Sweden and the United Kingdom On May 15, 1998, the German trademark registration is canceled.

Explain the eventual consequences of this cancellation under the Madrid Agreement and under the Madrid Protocol of 1989. [20 points]

Broad question:

Compare the use requirements to, maintain a trademark registration, as provided in the Paris Convention, TRIPS, NAFTA, the Cartagena Agreement, the Directive to approximate the laws of the member countries of the European Communities of December 1988 and the Community Trade Mark Regulation. [40 points]

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