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Trademarks / Trademark Law / Madrid Protocol and The United States |
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The Madrid Protocol and the United States: A New Road to Travel in International Trademark
The Madrid Protocol and The United States - Introduction
A. The Madrid Protocol: Its Beginnings and the Basics B. Faults & Limitations of the Madrid Agreement C. The Protocol's Differences & Overall Process D. Continuing Problems and Considerations under the Protocol E. A Gradual Embrace: The United States' Accession to the Madrid Protocol IntroductionEven
though it was adopted by an international assembly in June 1989, came into
effect on April 1, 1996 and is currently in force in more than 50 countries,
[1]
the Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks (the "Protocol") has remained tantalizingly
out of reach for trademark owners in the United States. However, all signs
point to the Protocol finally becoming a reality for United States trademark
owners and practitioners. Although, on balance, the Protocol promises to be a
positive development for U.S. and other trademark owners, its actual effects
will be challenging to both trademark owners and U.S. trademark practitioners
not well-versed with international trademark law.
[2]
[*]
Ian
Jay Kaufman, a resident partner in the New York office of the multinational law
firm Ladas & Parry, has written extensively on intellectual property
issues. The author acknowledges the assistance of Joseph G. Walsh, Esq. and
Anna Jakobsson, Esq., associates in Ladas & Parry's New York office,
in the writing of this article, portions of which were first presented as part
of paper by Dr. Kaufman at conferences held in New Delhi & Hyderabad, India
in January 2002. Copyright Ian Jay Kaufman 2002. All Rights Reserved.
[2]The
author has previously written on the genesis and workings of the Madrid
Protocol and also suggests that your refer to our firm's website,
http//www.ladas.com, for reference materials relating to the Protocol and other
intellectual property matters.
See, e.g.
"Trademark World - Trademarks and Treaties," p. 13 (August 1989);
"Trademark World--International Business Lawyer Treaties and
Trademarks," p. 531 (December 1991); "The Madrid Protocol: Should
the U.S. Join?," NYLJ, October 9, 1992; "The Madrid Protocol: Step Toward
Harmonization," NYLJ, October 16, 1992; "How the Madrid Agreement Differs From
the Protocol" NYLJ, October 23, 1992; "Modifications, Applications Can Further
Backlog Agency" NYLJ, October 30, 1992; "Protocol Impact on Trademark Office
and Trademark Lawyers" NYLJ, November 6, 1992; "The New Role of
Intellectual Property in Commercial Transactions - Imperative Strategies for
Protecting Trademark Assets: The International Market," p. 197 (John
Wiley & Sons, Inc. 1994 ed.).
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© Copyright 2002 Ian J. Kaufman - Posted July 2002
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