INTERNATIONAL & COMPARATIVE TRADEMARK LAW FINAL EXAMINATION
IPSI 1998


Dr. Gerd F. Kunze
June 23, 1998 1:00-3:00 pm           Exam 9



Instructions:

This is a two-hour open book exam (three hours for students 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.

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Question 1 (15 points)

Are trademarks protected against the registration and/or use of an identical or similar sign for non-similar goods or services:

A)     under the Paris Convention?
B)     under TRIPS?
C)     in the Community Trademark System?

If yes, what are the conditions for and what is the scope of such protection?


Question 2 (15 points)

Where can or must:

A)     International applications be filed under the Madrid System?
B)     Applications for registration of a Community Trademark be filed?
C)     Oppositions be filed against an international registration under Madrid?
D)     Oppositions be filed against a Community Trademark application?


Question 3 (15 points)

Give a short summary of the provisions of the Paris Convention relating to trademarks.

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Question 4 (15 points)

Explain the provisions relating to trademark licensing (if any) in

A)     the Paris Convention.
B)     the TRIPS Agreement.
C)     the Madrid System.
D)     the Community Trademark System.


Question 5 (10 points)

What are the grounds for and the effects of

A)     conversion in the Community Trademark system?
B)     transformation in the Madrid System?



Question 6 (15 points)

Which language can or must be used:

A)     for a trademark application in the USPTO?
B)     for an international application under the Madrid Agreement?
C)     for an international application under the Madrid Protocol?
D)     for a Community Trademark application (a more detailed explanation of the language regime should be given)?
E)     for a notice of opposition against a Community Trademark application?
F)     in the opposition proceedings?


Question 7 (15 points)

On July 15, 1998 X applies for registration of his trademark in Switzerland. On July 3 1, after having received a filing receipt but before registration of his mark in Switzerland, he files an international application and designates Austria, China, Denmark, France, Italy, and Sweden.

A)     What happens with his international application?
B)     Can he influence the fate of his international application? If yes, what are his choices and what are the respective consequences?


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