INTERNATIONAL & COMPARATIVE TRADEMARK LAW

FINAL EXAMINATION

                                                                             Dr. Gerd F. Kunze
                                                                                     IPSI 1999

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.

Question I

Which protection is given to well-known marks

a) under the Paris Convention

b) under the GATT-TRIPS Agreement may be protected
Explain in detail copyright (Title 17 U.S.

[15 points)

Question 2

a) Does the Community Trade Mark Regulation provide for the protection of

* Well-known marks, if yes to what extent

* Marks having a reputation

b) What it the difference between well-known marks and marks having a reputation

115 points)




Question 3
Where can or must

a) an application for a Community Trade Mark (CTM) be filed

b) an opposition against a CTM application be filed

c) a request for conversion of a CTM into one or several national applications
be filed
d) a request for transformation of an international registration into one or
several

national applications be filed
[15 points]

Question 4
To maintain a trademark registration, is there a provision requesting use of the
trademark within a period of time in
a) the Paris Convention
b) the TRIPS Agreement
c) The CTM Regulation
If yes, is the provision obligatory and
which are the (minimum) grace period& of time provided for
under which condition is use by a third party be sufficient
115 points]

Case 5

The Chinese owner of the trademark DRAGON, registered in China, applies on May 15, 1999 for an international registration of his, trademark, designating Austria, Denmark, Estonia, Finland, France, Georgia, Germany, Iceland, Norway, Poland, Russian Federation, Swaziland, Spain, Sweden, Switzerland, Turkey and the United Kingdom. The intentional registration is registered under that date. On July 20, 2000 his Chinese registration of the trademark DRAGON is cancelled.


a) Can he retain his international registration ?

b) If not, is everything lost or what can he do with respect to the countries, which he had designated ?

What is the situation, if the Swedish owner of an international registration POLAR, dated May 15 1999, had designated the same countries as mentioned above and his basic application in Sweden is refused protection on July 20, 2000. Are the consequences the some or is there a difference ?

(15 points)

Question 6

Which language or languages can or must be used

a) for an international application under the Madrid Agreement

b) for an international application under the Madrid Protocol

c) for a CTM application

d) for a notice of opposition against a CTM application

e) in the opposition proceedings relating to a CTM application

(15 points)

Question 7

a) Is it possible, to assign an international registration


* for some of the designated countries ?

* for some of the goods or services. covered by the registration 7

b) 16 it possible, to assign a CTM registration

* for some of the countries of the European Community ?

* for some of the goods or services, covered by the registration 7

(10 points)