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New gTLDs will mean more volumes of Domain
Names that will conflict with others trade, service & famous names and
marks.
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Make note that S 407 is pending and
would implement the 1989 Madrid protocol in the US.
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The goal of the Protocol is to create a
treaty organization that is attractive to the U.S. in that it will
permit a U.S. company to file an ITU application in the U.S. and thereafter
file in the U.S.P.T.O., in English, using U.S. currency, an
application for registration of
the mark in any of the member
countries. >Thereafter, the
appropriate trademark offices in each
of those countries designated will examine
the application under their domestic law.
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This streamlined process is designed to reduce to some extent the
foreign trademark registration expenses of a U.S. company who wants to sell
branded goods in the European market. >This is attractive to U.S. companies
because it would permit a U.S.
company to file a U.S. ITU application and use it immediately as the
basis for seeking registrations in Madrid Protocol nations, giving the
advantage of an early priority date abroad.
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the United States would not implement it
because certain provisions granting
voting rights to intergovernmental organizations, such as the European Union,
would create a precedent for double
counting which was at odds with the position taken by the United States- as of 1998 The House passed
an implementation act.
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The Madrid Arrangement provides an
international registration system known as the Madrid Union, under
which a mark already registered in the country of origin may be
registered in the French language
with the International Bureau, which is WIPO. This registration ensures the
same protection in each of the member nations designated by the applicant as if the mark has been
separately registered in that nation.
The United States is not a member.
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