INTERNATIONAL & COMPARATIVE TRADEMARK LAW
FINAL EXAMINATION


Dr. Gerd F. Kunze
July 1997

Instructions:

This is a two-hours, open book exam (three hours for students a with native language other than 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.




Question 1

What is the relationship between the Paris Convention and the GATT TRIPS Agreement ? [10 points]


Question 2

Which are the main advantages of the Trademark Law Treaty ? [15 points]


Question 3

What are the differences between the effects of claiming priority of an earlier trademark under Articles 29 to 31 of the Community Trade Mark Regulation (implementing the provisions of Art. 4 of the Paris Convention) and claiming seniority of an earlier trademark (Art. 34 and 35 of the Regulation) ? [15 points]


Question 4

In the Madrid System, does the International Bureau examine international applications on (a) absolute grounds for refusal (generic, descriptive etc,)
(b) earlier rights? [10 points]

Answer (please check) (a): YES NO
Answer (please check) (b): YES NO


Question 5

In the Community Trade Mark System, does the Office in Alicante examine applications for registration of a Community Trade Mark on

(a) absolute grounds for refusal (generic, descriptive etc.)
(b) earlier fights? [10 points)

Answer (please check) (a): YES NO
Answer (please check) (b): YES NO


Case 6

X, a national of India, is owner of a textile factory in China and has his habitual residence in Singapore. On March 15, 1997, he filed an application for registration of the trademark DRAGON for shirts in Korea, where he delivered since some time T-shirts under that brand. On June 15, 1997, X received an order to deliver DRAGON T-shirts to the USA and he is about to ship them. He wants to know, how his trademark DRAGON can best be protected in the USA. Please advise X, explaining the steps to be taken by him, and specify the provisions of the Lanham Act that apply. [15 points]

Case 7

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 at least for the next three years? In that situation, would you advise X to register his trademark DRAGON in another country in Asia and, in the affirmative, in which? [15 points]

Case 8

The Chinese owner of the trademark ASIAN DREAM, registered in China, files on May 3, 1997 an international application and obtains an international registration with designations to Denmark, France, Germany, Iceland, Italy, Norway, Poland, Spain, Switzerland, Sweden and the United Kingdom. On July 13, 1999, the Chinese trademark registration is canceled.

Explain the eventual consequences of the cancellation for the international registration under the Madrid Agreement and the Madrid Protocol [10 points]