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International Trademark Laws Committee
Issues arising out of differences in the trademark and related unfair competition laws and practices of countries outside the United States, including: (1) the rights of United States citizens to obtain trademark protection in other countries and the rights of foreign trademark owners to obtain trademark protection in the United States; (2) the laws of foreign countries and of the United States relative to the rights of exportation and importation of trademarked goods; and (3) the international conventions and treaties involving trademark rights and related matters of unfair competition. Cooperation with other committees and entities, such as the ABA Section of International Law.
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Leadership
Chair
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Yuri Fancher Machado Castro
Montaury Pimenta, Machado & Vieira De Mello
Vice-Chairs
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Emma Pitcher
Boult Wade Tennant LLP
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Holly B. Lance
USPTO
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Jennifer L. Rodriguez
204 Legal
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Aditi Kulkarni
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Mark L. Robbins
Bereskin & Parr LLP
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Barbara Angela Johnson
International Association of Better Business Bureaus
ABA-IPL International Trademark Laws Committee Seminar Series
Recent Developments in Trademark Law in China
International Trademark Laws Committee hosted their first series of short online seminars on recent developments in trademark law in jurisdictions around the world. On November 9th, 2022 Mr. Michele Ferrante of FERRANTE Intellectual Property presented on recent developments in trademark law in China.
Recent Developments in Trademark Law in European Union (EU)
International Trademark Laws Committee hosted their second series of short online seminars on recent developments in trademark law in jurisdictions around the world. On December 14, 2022 Valentina Nieß (of NOERR, Munich) presented recent developments in seeking an interlocutory injunction in a trademark case in the European Union.
Recent Developments in Trademark Law in India.
International Trademark Laws Committee hosted their third series of short online seminars on recent developments in trademark law in jurisdictions around the world. On January 11, 2023 Mr. M.S. Bharath (KRIA Law, India) presented recent developments in trademark law in India.
Recent Developments in Trademark Law in Brazil
International Trademark Laws Committee hosted their online seminars on recent developments in trademark law in jurisdictions around the world. On March 8, 2023 Mr. Yuri Fancher Machado Castro (Montaury Pimenta, Machado & Vieira de Mello) presented recent developments in trademark law in Brazil.
Recent Developments in Trademark Law in Argentina
International Trademark Laws Committee hosted their online seminars on recent developments in trademark law in jurisdictions around the world. On July 12, 2023 Matias Noetinger of Noetinger & Armando presented recent developments in trademark law in Argentina.
Recent Developments in Trademark Law in Quebec
International Trademark Laws Committee hosted their online seminars on recent developments in trademark law in jurisdictions around the world. On November 8, 2023, François discussed the history and implications of Quebec's French language charter, highlighting its provisions for ensuring the rights of the people in terms of commerce. He also addressed the impacts of Bill 96 on trademark exceptions and packaging labeling, the new trademark exception in Canada, and the requirement for public signage to be in French. He emphasized the challenges businesses face in complying with the new regulations and the importance of registering non-French trademarks used in Quebec.
Recent Developments in Trademark Law in Africa
Susan Anthony, a US Patent Trademark Office attorney advisor, presented on trademark law in Africa during the ABA International Trademark Laws Committee meeting. She highlighted the territorial nature of trademarks, the complexities of international trademark strategy, and the differences in application searches, processes, fees, and examinations among various trademark offices. She also discussed defensive registration, the increasing adoption of the Madrid Protocol by African countries, the importance of post-registration filings and license recordals, and the topic of geographical indications. She emphasized the need for collaboration and cooperation in her work. Produced by the United States Patent and Trademark Office; no copyright is claimed by the United States in this presentation or associated materials.
Well-Known and Famous Trademarks in Latin America
Matias Noetinger of Noetinger & Armando in Buenos Aires, Argentina discussed the process and requirements for obtaining “well-known” and “famous” trademark declarations in Trademarks Offices in Latin America. He also addressed country-specific differences in practice, and answered questions including ones about the duration of the protection obtained, and the impact of dilution.
Brexit Impact on EU Trademarks and the Creation of UK Clones
Donna Trysburg from the London office of the Boult firm discussed the impact of Brexit on EU trademarks, the creation of comparable UK “clone” trademarks, and related issues that arise when administering such marks in the UK Intellectual Property Office. She touched on UK import/export issues, retained EU law, and opportunities and challenges in the wake of the UK's departure from the EU. The call participants also discussed specific cases and trademark issues related to differences in law between the UK and the EU, and the enforcement of trademark rights in the UK and the EU.
Changes of Chinese Trademark Laws and Policies
Chair Yuri Fancher Machado Castro announced the restart of the International Trademark Laws Committee's online seminars series, with a focus on recent developments in trademark laws globally. Nana Zhang from Shang Tzi and partners presented on recent developments in trademark law in China, discussing the impact of a Hangzhou Internet Court ruling on China's digital economy and AI field, and the tightening of examination criteria for trademark applications. Nana also discussed the increasing risk of trademark registrations being cancelled, the increasing aggressiveness of trad mark copycats and infringers, and the protection and recognition of well-known trademarks in China.
Recent Developments in Trademark Law in Switzerland
Giedre Neverauskas from Keller Schneider discussed recent developments in trademark law in Switzerland, including the procedural side, the Swiss trademark office, and the upcoming project 4.0. She also discussed changes in the Swiss trademark law, particularly focusing on the indication of origin, and the enforcement of Swissness globally. Lastly, Giedre reviewed four recent trademark cases in Switzerland and discussed the concept of concurrent rights in trademark law.
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