INTERNATIONAL & COMPARATIVE TRADE MARK LAW (1 Credit)

FINAL EXAMINATION


Professor Jose' A. Gomez-Segade Spring 1998



Instructions:

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 as legibly as possible, and try to present a "clean" exam.

Grading will be anonymous. Please do not put your name on anything your turn in. BE SURE YOUR EXAM NUMBER IS ON THE BLUE BOOK. ONLY ONE BLUE BOOK IS AVAILABLE.





Note: In all answers, please specify articles, paragraphs and sentence(s) of International Conventions. Where appropiate, personal views of the rationale behind the provisions, and differences and similarities between them would be welcome.



1 . Which are the requirements for the protections of a trademark "as such" ("telle- quelle") in the Paris Convention? (15 points).


2. XX, a national of USA, owner of a factory of cosmetic products in China (AP), and having her domicile in Spain (AP), filed an application for registration of the trademark ARUME in the three countries. Her counsel wants to know if she can file a international registration for Germany (AP), Italy (A), Portugal (AP) and the United Kingdom (P), which is the country of origin,, in which language should be drafted the international application, and what happens in each of the designated countries if the trademark is cancelled in the country of origin within five years from international registration. Letters within brackets indicate that a country is a party to the Madrid Agreement (A) or to the Madrid Protocoll (P) (25 points).


3. Five main highlights of the Trademark Law Treaty (15 points).


4. Requirements for claiming seniority in the CTM system (15 points)