[Discussion-igo-rc] IGO Acronyms / 6ter

[James M. Bladel]

Thanks Jonathan –

Could someone clarify, then, for this non-Lawyer -  If I tried to apply for a trademark on “WHO” in parts of Canada, or New York , this would be rejected?  If so, does it matter which industry or context I intend to use the mark (medical / health services, vs. another industry, say diesel engine repair)?

I’m curious because there are several real-world examples of non-health uses for this string.

Thank you—

J.




From: <discussion-igo-rc-bounces at icann.org> on behalf of "Jonathan.PASSARO at oecd.org" <Jonathan.PASSARO at oecd.org>
Date: Thursday, June 1, 2017 at 7:33
To: "brucemelbit at gmail.com" <brucemelbit at gmail.com>
Cc: "discussion-igo-rc at icann.org" <discussion-igo-rc at icann.org>
Subject: [Discussion-igo-rc] IGO Acronyms / 6ter

Dear Bruce,

I had the opportunity to consult with my colleagues at other IGOs on the issue of national laws that protect IGO acronyms. As a basic point, we remain perplexed by the distinction being raised between laws which protect IGOs by disallowing the registration of their acronyms as trademarks and laws which protect IGO acronyms through other means.

In any event, there are many examples of laws which protect IGO acronyms through means other than refusal of registration. We have already seen the examples of Switzerland and Australia. Section 9(1) of Canada’s Trade-marks Act <http://laws-lois.justice.gc.ca/eng/acts/t-13/page-2.html#h-3>  is another interesting example because it protects both Red Cross and IGO identifiers, therefore providing a strong indication that IGO and Red Cross identifiers should receive similar treatment in the DNS. Some laws go even further; my colleagues at the UN pointed out a New York State law<http://codes.findlaw.com/ny/general-business-law/gbs-sect-141.html> that classifies as a misdemeanour any unauthorised use of the United Nations name or symbol. This of course in addition to the protections already afforded to IGOs by US federal law under the Lanham Act.

I trust that this is enough to satisfy the enquiry. In any event, I look forward to hearing about next steps.

Kind regards,

Jon

[ogo_mail_uk]<http://www.oecd.org/>

Jonathan Passaro
Legal Adviser
Directorate for Legal Affairs



2, rue André Pascal - 75775 Paris Cedex 16
jonathan.passaro at oecd.org<mailto:jonathan.passaro at oecd.org>  || www.oecd.org/legal<http://www.oecd.org/legal>

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