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RE: [wg-b] Famous Trademarks
I believe in defining an objective process first. As an engineer/attorney I
am very good at reverse-engineering widgets and law. Me offering my personal
opinion on these marks would not be prudent at this point in time as
co-chair. My purpose again is to increase participation and build
consensus - not take sides.
If we succeed in defining/adopting procedure safeguards for famous
trademarks then we can apply the procedure to these marks and identify any
short coming/flaws of the system. Rarely have I seen a finished product
completed on a first draft. I envision that the work of this group will
under go many revisions before presenting to the outside world a finished
Michael D. Palage
From: email@example.com [mailto:firstname.lastname@example.org] On Behalf Of Martin
Sent: Friday, September 24, 1999 3:07 PM
Subject: Re: [wg-b] Famous Trademarks
Which of the following do you think are famous marks?
At 02:56 PM 9/24/99 -0400, you wrote:
>I will be the first to admit that defining what constitutes a famous
>trademark is not an easy task. But I do not believe that it is impossible.
>I encourage people to look at Section 1205 of the Trademark Manual of
>Examining Procedure -Refusal on Basis of Matter Protected by Statute or
>Convention (available at http://www.uspto.gov). This sections contains a
>list of marks that have been protected under US Federal Statutes and those
>already the subject of international agreements in force, (e.g., "Red
>and emblems protected by the Geneva Convention of August 12, 1949).
>In addition, the Japanese government has recently enacted legislation
>recognizing "famous marks." If you go to the Japanese web site they provide
>a web enabled search engine to look through all 700+ famous trademarks. Yes
>I was surprised that there were this many famous marks in Japan. And yes
>there were several marks in the first few that I paged through that I did
>not recognize. But then again I have only been to Japan once.
>I just thought that this was some additional useful information to be
>considered by all participants involved.
>Has anyone been able to follow up with the Brazilian NIC concerning their
>policy on protecting famous marks. I believe the information provided by
>Judith on the 800 number was beneficial, and I would like to continue the
>investigative process to make sure that we leave no stone unturned.
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