Posts Tagged: "well-known marks"

India’s Prius Judgment and Trans-Border Reputation of Trademarks

A trademark is accorded reputation through its prolonged use and the goodwill it holds in the market where it operates. A trademark is believed to have a reputation when the general public recognizes the product by its mark. The reputation of a well-known trademark knows no bounds, and therefore foreign trademarks with a reputation are accorded protection in India. This concept of trans-border reputation protection follows the principle of universality, which states that once the reputation of a trademark transcends the physical boundaries of the country in which it was registered and gains popularity in other countries as well, it is to be protected in all relevant jurisdictions. Thus, the trademark owner is entitled to protection under the doctrine of passing-off if it can prove that the reputation of its trademark transcended geographical borders by way of promotions, advertisements and media communications. 

Finding Fame in Brazil: Five Tips for Success When Requesting ‘High Renown’ Trademark Status

Since 2014, when a decision of the Brazilian Patent and Trademark Office came into force that held trademarks could obtain “high renown” status through a specially-created procedure, there has been a marked increase in such requests in Brazil. However, this increase has also demonstrated that several marks which common sense would say that are well known and recognized by the public have been rejected due to technicalities. This article will tackle the main issues that may arise during the finding of a famous or high renown trademark in Brazil, and how to avoid them.

Know the Risks Before Licensing Unregistered Trademarks in China

Despite the tough talk in Washington D.C., the ability to expand your business internationally to countries such as China is exciting. But what are the steps? How do you do it and what are the issues? Some of the most common starting points include contracting an advertisement agency to run a $2 million marketing campaign on WeChat, opening an online store at JD or TMALL, and/or finding a retailer/distributor to sell your products in exchange for a percentage of each sale. But here’s the main question: What if your trademark is not registered in China?