2.3 Local vs Global Registration

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Из курса от партнера The Hong Kong University of Science and Technology

Protecting Business Innovations via Trademark

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The Hong Kong University of Science and Technology

Protecting Business Innovations via Trademark

10 оценки

Protecting Business Innovations Via Trademark Intellectual property rights (IPR) has a great impact on innovation development and society. In Science, Engineering, and Business, we seek to create wealth through innovation in products, designs, manufacturing processes, and business systems or models. However, innovation leaders often FAIL to benefit from their discoveries and inventions when they are unable to adequately protect those innovations. This course provides learners with an understanding of how trademark laws can be used to protect business innovation using a combination of lectures and case examples for discussion. The course focus on protecting innovations with Trademark as one of several tools that can be used by companies to protect their brands and products. In additional to learning about how trademark law works in theory, we will also discuss situations in which trademark might not be effective in protecting innovations, and will focus on the legal issues involved from a practical business perspective rather than from a purely legal viewpoint. This course is one part of a four course series focusing on protection of business innovations using copyright, patent, trademark and strategy, and these four courses may be taken in any order that is most beneficial to students interested in learning about protecting innovation. Watch Course Overview: https://youtu.be/81adg1ZnbS4

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Trademark Global Issues and Challenges

In this week we will look at lawsuits of iPhone and iPad trademark violations in China. Remember trademark law is local, but businesses now are facing a big challenge in e-commerce because local brands can no longer be local if they have online shops. Trademark violation becomes an international issue and creates challenges one must strategically overcome.

2.2 Trademark Usage & Priority8:15

2.3 Local vs Global Registration6:42

2.4 USA vs China Trademark Registration Lawsuits9:09

Познакомьтесь с преподавателями

Theodore Henry King CLARK
Associate Professor
Information Systems, Business Statistics and Operations Management Department

Welcome back to our course on Protecting Business Innovations via Trademark.

We're going to talk about local and global registration issues

related to trademark today.

When we think about trademark,

I'd mentioned that it's a local issue,

and this is important because it's more than just country.

It can be a local or state issue within

the United States or a local issue within other countries.

You can have trademark that is in a city or

a state that is different from the national or federal trademark.

Since it's usage based,

it may relate to your usage in a city but not even a state.

So it may be local issues and states issues can become

important relative to federal issues within the US or national issues in other countries.

There are also international issues related to

trademark that do have some effect on trademark registration.

There are issues in the EU about recognizing marks across other countries,

and there are global treaties that apply from country to country related to trademark.

So we'll talk about these global issues,

as well as local issues, in this session.

Now, one consideration in trademark is you'll see the symbols,

as I mentioned before,

TM or R. TM means trademark.

It's kind of a common law symbol.

It's been with us a long time,

just generically it means trademark.

Whether it's registered or not doesn't matter.

It's a trademark. You can certainly use TM if you're registered,

and many companies do it.

They like this symbol.

R also means trademark,

but it means a registered trademark.

So you can't use R unless you have registered.

Most companies that have a trademark have registered their trademark.

They care, particularly a large company,

but they still may prefer the TM symbol, and that's fine.

Both give you the same rights of notification.

State registration also is as good as

federal registration within the US in terms of protecting your rights.

It's still registration.

But in terms of protecting your rights across the nation,

federal registration is better at giving you

priority in states where you're not yet doing commerce.

If you're not yet in commerce in every state,

federal registration can give you some priority in

states that no one is using the market yet.

Registration is very highly state law-focused.

Federal registration only applies where there is interstate commerce.

So if you can argue that a global service,

like a plumbing service,

would not be sold interstate,

you wouldn't see a plumber going from one state to another very often.

Then there's no federal registration justification for this service,

which is local in its nature.

But if there is interstate commerce, you can,

or even an argument of interstate commerce,

you can get federal registration.

Even so, state registration and state rights beat federal registration.

This is an area where the federal government is subsidiary to the rights of the states.

State rights trump federal registration.

Global registration does apply in some situations or contacts.

There really isn't a global registry,

but within the EU,

you can register across multiple countries at once, and across Europe,

there is some EU registration recognition,

EU court cases about trademarks across the EU.

And there's some commonality between UK laws and

European laws to harmonize within EU laws.

There are some treaties globally,

but there's not really a global registration or

multi-country registration outside of this EU context.

The international treaties that can help you though do relate to

some issues about brands that are recognized as global brands.

They're not actually registered per se,

but they may achieve a global brand recognition under

treaty status because of their prominence and use across multiple countries,

which gives you some protections as a global brand.

You get some priority if someone else starts to use your name,

but you have clear global usage protections or recognition.

There may be some prohibitions against someone trying to

leverage your name in your product in your same market.

It may not protect you from everything,

but it might give you some protections.

One thing that also is clear from international treaties is you

can't discriminate against foreign trademark owners.

You can't discriminate against foreigners because you don't like them.

Whether a brand is domestic or international doesn't matter.

If it's registered in your country,

you have to protect it the same,

regardless of who registered it or regardless of who's using it.

Local registration then is important.

State rights beat federal registration.

There's no real international law like there is for a copyright.

There is some protections across country within the EU.

There are some treaties that apply that give you some protections,

but this is not a global law like copyright.

This is very much a local law and local rules,

local regulations and local registration are going to beat

any global issues when it comes to trademark debates or lawsuits.

So get registered locally and use your product

locally if you want to protect your local markets. Thank you.

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