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Trademark News
U.S. And China Trademark Offices Collaborate On Joint Program
Washington -- A joint program intended to clarify different practices used in protection of "geographical indications" -- marks that identify goods as having a particular quality or reputation linked to the region where they were produced -- has been completed by the United States Patent and Trademark Office (USPTO) and the China Trademark Office (CTMO).
The week long program was presented in Beijing and in the coastal city of Xiamen in China's southeastern Fujian province, according to a June 2 news release from USPTO.
The term "geographical indication" comes from the World Trade Organization's 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights, or TRIPS. The TRIPS agreement sets minimum international standards for such marks, which are defined as "indications which identify a good as originating in the territory of a WTO member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin."
USPTO does not have a special system for registering geographical indications in the United States. Read more at usinfo.state.gov
Definition:
A defense to a charge of copyright or trademark infringement. For copyrights, U.S. courts consider four factors in determining if a fair use defense exists: the purpose and character of the disputed use; the nature of the copyrighted work; the importance of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the copyrighted work.
Abandoned Trademark Status
Definition:
Means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.
Demand
Definition:
Form PCT/IPEA/401, filed with an International Preliminary Examining Authority, demanding that an international application shall be the subject of an international preliminary examination.
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