Legal Question in Intellectual Property in Washington
international trademark enforcement first use & Europe -vs- U.S.
small U.S. Business (for profit corp est 1991) granted state trademarks WA,DE,TX,CA NY, (foreign corp in each state) has website since 1996 files for USPTO trademark in 2005
a company in Austria same name creates similar website in 2004.. also files for USPTO in 2005 claims first use in same year 2001 want to open branch in USA -no Europen community trademark filed or granted
how are international trademarks disputes between U.S. & EC UK handled? What happens if USPTO grants us a trademark but either EC or UK has already granted them, not knowing of our mark
can a U.S. judgement be enforced through EC courts or have to be done in austrian courts.. what does ICANN.ORG(website domain authority use for disputes) does your lawfirm handled domain sale transfers.. legal paperwork.
1 Answer from Attorneys
Re: international trademark enforcement first use & Europe -vs- U.S.
Rules for trademark law are country-specific, so there is really no such thing as an "international trademark dispute". In most cases, you are simply going to be concerned with who was using the mark first in "interstate commerce" in the United States. Meeting this requirement and litigating this issue can turn on subtleties, and there is no substitute for a good trademark attorney's advice.
Danny Bronski, VeriTrademark (in Pioneer Square in Seattle). [email protected]
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