J. Scott (and others who replied afterwards), On Thu, Feb 2, 2017 at 2:23 PM, J. Scott Evans <jsevans@adobe.com> wrote:
The evidentiary weight of a trademark registration differs from jurisdiction to jurisdiction. In the US, a certificate of registration from the USPTO does have some proof value, that is subject to certain defenses for 5 years and a lesser set of defenses should the mark reach incontestable status after 5 years. I think making sweeping statements like those contained in your closing paragraph are not helpful.
I was simply responding to Marc's "sweeping statement" (and assertion of "fact"), which I note you were not quick to characterize as "not helpful". It's a fact that TM registrations can be and are disputed. Where are alleged TM rights enforced against alleged infringers? Answer: the courts. It's in the courts where *claims*, as *evidenced* by a TM registration (but not "proven" by any means) are put to the test. That's where facts are determined. "Facts" aren't determined by a piece of paper sent to a Pakistani TM office along with $10, despite what some might have us believe. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/