[wg-b] Famous Trademarks

["Michael D. Palage" <mpalage@infonetworks.com>]

I will be the first to admit that defining what constitutes a famous
trademark is not an easy task. But I do not believe that it is impossible.
I encourage people to look at Section 1205 of the Trademark Manual of
Examining Procedure -Refusal on Basis of Matter Protected by Statute or
Convention (available at http://www.uspto.gov). This sections contains a
list of marks that have been protected under US Federal Statutes and those
already the subject of international agreements in force, (e.g., "Red Cross"
and emblems protected by the Geneva Convention of August 12, 1949).

In addition, the Japanese government has recently enacted legislation
recognizing "famous marks." If you go to the Japanese web site they provide
a web enabled search engine to look through all 700+ famous trademarks. Yes
I was surprised that there were this many famous marks in Japan. And yes
there were several marks in the first few that I paged through that I did
not recognize. But then again I have only been to Japan once.

I just thought that this was some additional useful information to be
considered by all participants involved.

Has anyone been able to follow up with the Brazilian NIC concerning their
policy on protecting famous marks. I believe the information provided by
Judith on the 800 number was beneficial, and I would like to continue the
investigative process to make sure that we leave no stone unturned.

Thanks again,

Mike