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|This is the 10th edition of Trademarks, a volume in a series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.|
Following the format adopted throughout the series, the same key questions are answered by leading practitioners in each of the 54 jurisdictions featured. New jurisdictions this year include the British Virgin Islands, Colombia and Ecuador. This volume again includes a European Union related chapter on Community Trademarks.
Trademarks are used by a seller to distinguish its goods and services from those offered by other entities. They are vitally important to the success of any business. Trademarks are commonly: words logos or slogans, and in some jurisdictions they can also be colours, package and product designs, and even sounds, so long as they serve as a source identifier.
Trademarks allow consumers to make informed decisions about the goods and services that they are buying and ensure that they are obtaining a product with known qualities each time they return to the marketplace. As Judge Posner wrote, the purpose of trademark law ‘is to reduce the cost of information to consumers by making it easy for them to identify the products or producers with which they have had either good experiences, so that they want to keep buying the product . . . or bad experiences, so that they want to avoid the product or producer in the future’ (WT Rogers Co v Keene, 778 F.2d 34 (7th Cir. 1985)). This is true not only in the United States but globally.
Expert local insight into the major trademark law issues across multiple jurisdictions, covering:
-ownership and scope of trademarks,
-application for registration, appeal of failed
-third-party opposition to registration, duration and -maintenance of marks,
-types of trademark enforcement proceedings,
-procedural format and timing, discovery,
-litigation costs, defences and remedies and appeals.
Bosnia and Herzegovina
São Tomé and Príncipe