Hi All,

Here is simplified language which brings TMCH #4 & TMCH #5 together after discussions with Rebecca and Claudio.

The thinking is:
3.2.1, 3.2.2 & 3.2.3 flow to 7.1 claims & 7.2 sunrise
3.2.4 flows to any ancillary databases

3.2.5 qualifies 3.2.1
The new 3.2.6 qualifies 3.2.3 in a way that makes it evident that GIs & AOs are implicitly accepted in 3.2.4.

Best regards, 

Paul


3.2 The standards for inclusion in the Clearinghouse are:

3.2.1      Nationally or regionally registered word marks from all jurisdictions.

3.2.2      Any word mark that has been validated through a court of law or other judicial proceeding.

3.2.3      Any Word marks protected by a statute or treaty in effect at the time the mark is submitted to the Clearinghouse for inclusion.

3.2.4      Other marks that constitute intellectual property.

3.2.5      Protections afforded to trademark registrations do not extend to applications for registrations, marks within any opposition period or registered marks that were the subject of successful invalidation, cancellation or rectification proceedings.

3.2.6      Protections afforded to word marks protected by statute or treaty, do not extend to [geographical] indications and designations [of origin]

 

Notes:

This proposal seeks to address the various public comments seeking clarification and tighter wording, by only introducing a small easily understandable change to the existing text.

It also recognizes the separate legal status and the global importance of GIs and will help GI’s reside in a shared ancillary database to support voluntary RPMs like the “Limited Registration Period” LRP voluntary RPM for .dot Paris.  If the mark holders wished it would even be possible to publish a list of GIs whilst the main trademark database remains confidential.