Tag: Trademark Registration

Can Trademark Applications and Administrative Proceedings Subject a Foreign Applicant to Service or Jurisdiction in Court Proceedings in the U.S.?

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO.  Can this act of filing subject the foreign applicant to service of process or specific or personal jurisdiction in court proceedings in the U.S.?  The answer is YES! as to service of process if … Continue Reading

Can U.S. Trademark Registrations Be Cancelled for Non-Use?

Suppose that you want to register a trademark that identifies a source of goods or services for your business.  What if you file a federal trademark application and the U.S. Patent and Trademark Office refuses registration of the trademark based on a likelihood of confusion with another trademark registration?  Can you cancel the cited trademark … Continue Reading

The Concept of Reverse Confusion is Not Applicable under the Current Trademark Practice in Taiwan

As a principle, Taiwan adopts a “first to file” trademark registration system.  Under the system, fame and extensive use are not the requirements for registering a trademark.  In addition, under Article 2 of the Trademark Act in Taiwan, the holder of a trademark cannot claim its right under the Act unless the trademark has been … Continue Reading

USE IT OR LOSE IT- in Canada

Under the Canadian Trade-marks Act, one can request that the Registrar of Trade-marks commence Section 45 Proceedings to cancel a trademark registration for non-use.  The Act states that the Registrar shall, upon the written request by any person (who pays the prescribed fee) after three years from the date of registration of a trademark, unless … Continue Reading
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