734_ International multi-jurisdictional trademark filing options
(Listen: Part 2 of 2 - International) Melody Harris and Samantha Sturgis, attorneys at Holme Roberts & Owen LLP (HRO), just conducted a program that had to do with 'Multi-Jurisdiction Filing Options' (The Madrid System), Community Trademarks (CTMs - European Union, 27 countries) and Registered Community Design (RCDs - Euro union, only for last 12 months). If you're thinking of expanding your business beyond the U.S., doing
manufacturing in China or maybe trading goods in Europe, that's when you really need to think about trademark protection and that's frankly when you need to engage good council to help you through that process. Today Melody and Samantha are talking about some of the strategies to help you contain the costs involved and how you protect your brand out in a global market. (Listen: Part 1 of 2)Samantha pointed out, "In the US you gain Trademark rights by using Trademarks. You don't have to register a mark because it can be protected under the common law. However we recommend that our clients using trademarks, register the trademark, and register it at the federal level." Melodie added, "The first thing we want to do in thinking about filing a United States Trademark Application is whether or not somebody else might be out there already using that brand. So we recommend doing a trademark search before spending money to file an application which they may not have the ability to prosecute through to the end because someone else might be in line ahead of you. So it's really important to do at least, what we call a 'knockout' or quick search. Once we have the actual search process done, then we want to look at the application process. There are two different ways of filing applications in the U.S. You can file it on what's called a 'use base', which means you're already using the mark. Otherwise you file on what's called 'an intent to use' basis." Watch out for trademark trolls. There's much more...
Related Links: Holme Roberts & Owen LLP || US Patent and Trademark Office || US Copyright Office || It's the Law Channel || Keywords: Melody Harris, Samantha Sturgis, Holme Roberts & Owen LLP (HRO), Trademark, Copyright, Multi-Jurisdiction, Madrid System, European Union > Channel: Law 10104151 bytes - 11/9/09 LISTEN

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