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Prior Rights Agreement Trademark

Companies wishing to use trademarks in the Chinese market should conduct research to determine whether identical or similar trademarks have ever been registered in China before using a trademark. The best way to protect trademarks is to register these trademarks as quickly as possible and it would be wise to keep evidence that the trademarks are known abroad. While it may be difficult to punish past offences, it will provide an effective basis for taking legal action in the event of a violation in the future. In the event of prior notification by another party, the Trademark Act offers several options for redress and local legal advice should be sought to initiate an objection/nullity procedure and assert their own rights. Since the applicant is applying for an exclusive national right, it is not important that the pre-use can be located in a city or region of Canada. Previous use across Canada can be used to refuse an application. Once the use has been found, it is up to the applicant to justify to the Opposition Chamber that there is no risk of reasonable confusion. 2. Even the marks are substantially similar, the Court of Justice accepts a co-existence agreement under the statute that the trademarks are owned by parties with common interests. In this regard, it is fully taken into account that the trademarks represent the same interested parties or related parties. Often, the burden of proof is much greater to show that a complainant has unregistered protected rights than when he relies on a record. There are fewer enforcement means for an unregular rights holder than a registered rights holder, as stated below: the author would argue that, in order to minimize litigation, the legislative authority could use the licensing system under section 43, paragraph 3 of the Trademark Act, “if one registered trademark is granted to another, the licensee must declare the trademark licence to the Trademark Office register that the Agency has to obtain. A trademark licence that has not been recorded in the minutes cannot defend itself against a third party in good faith” to include a provision in the legislation relating to the registration of trademark contracts (and/or letters of consent) signed by former trademark rights holders and third parties to make this information available to the public.

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