One trademark registration in most countries costs significantly more than $10. -----Original Message----- From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of George Kirikos Sent: Thursday, February 02, 2017 1:43 PM To: gnso-rpm-wg Subject: Re: [gnso-rpm-wg] TMCH Blog 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/ _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg ________________________________ CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system.