Just to be clear, I'm not that familiar with trademark laws, are you referring to sections 38 & 42 of the
"U. S. TRADEMARK LAW RULES OF PRACTICE & FEDERAL STATUTES"
http://www.uspto.gov/web/offices/tac/tmlaw2.html#_Toc52343959 ? Specifically:
§2.38 Use by predecessor or by related companies.
(a) If the first use of the mark was by a predecessor in title or by a related company (sections 5 and 45 of the Act), and the use inures to the benefit of the applicant, the dates of first use (§§2.34(a)(1)(ii) and (iii)) may be asserted with a statement that first use was by the predecessor in title or by the related company, as appropriate.
(b) If the mark is not in fact being used by the applicant but is being used by one or more related companies whose use inures to the benefit of the applicant under §5 of the Act, such facts must be indicated in the application.
(c) The Office may require such details concerning the nature of the relationship and such proofs as may be necessary and appropriate for the purpose of showing that the use by related companies inures to the benefit of the applicant and does not affect the validity of the mark.
[30 FR 13193, Oct. 16, 1965, as amended at 54 FR 37589, Sept. 11, 1989; 64 FR 48900, Sept. 8, 1999, effective Oct. 30, 1999]
2.42 Concurrent use.
An application for registration as a lawful concurrent user shall specify and contain all the elements required by the preceding sections. The applicant in addition shall state in the application the area, the goods, and the mode of use for which applicant seeks registration; and also shall state, to the extent of the applicant’s knowledge, the concurrent lawful use of the mark by others, setting forth their names and addresses; registrations issued to or applications filed by such others, if any; the areas of such use; the goods on or in connection with which such use is made; the mode of such use; and the periods of such use.
As far as I can tell though, for the US companies, this doesn't mean anything when it comes to the Australian side of things?
I'm interested in finding out how this actually relates to the Australian laws. I know that for example Teoma filed a trademark with the US patents office and that an application for international rights could be considered as part of the Madrid Protocol. I know that both the US and Australia are part of the Madrid Protocol. However, I couldn't find "Teoma" in the WIPO databases. [link] or in the australian trademarks database [link] .
I'm assuming that means that Teoma would have absolutley zero grounds to file for trademark infringement.. but what about the copyright of the name? Does any of that apply?
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