Transatlantic Trademarks ? . Using a trading name elsewhere with no jurisdiction

Located in Legal Discussion, started by Pepto, May 29, 2017


  1. Pepto

    Pepto Established Member

    Likes Received:
    This seems to be a bit of a grey area so hopefully someone can clear this up.

    When something is Trademarked for US does it have Trademark Rights for the World.

    Seems a daft question but after reading into this

    No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought. However, if you are a qualified owner of trademark application pending before the U.S. Patent and Trademark Office (USPTO), or of a registration issued by the USPTO, you may seek registration in any of the countries that have joined the Madrid Protocol

    source- stopfakes(dot)gov

    So the following questions.

    1.Does that mean application to trademark xy or z can still be applied for in there non-trademarked your country.?
    2.Does this effect domain names that are tradmarked in that country for example (Trademark registered US ) then (no -insert your country- trademark).
    3.What would one do if approached threateningly about usage of trademark if they had no jurisdiction.
    4.Has anyone had a similar issue maybe you can share (if the court case has ended of-course) :D


    Short Edit - The Madrid Protocol - Surely this would be the best place to check for trade marks if your country's a member and could potentially be affected by another countries member.
    Last edited: May 29, 2017
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