[gnso-rpm-wg] TMCH Blog
icann at leap.com
Thu Feb 2 19:43:13 UTC 2017
J. Scott (and others who replied afterwards),
On Thu, Feb 2, 2017 at 2:23 PM, J. Scott Evans <jsevans at 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.
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