[PASSED] Foreign Trademark Recognition

[Frisbeeteria]

Foreign Trademark Recognition
Category: Free Trade | Strength: Mild | Proposed by: Auralia

Recognizing that businesses often use trademarks to identify their goods or services,

Believing that international recognition of trademarks will reduce consumer confusion in the marketplace while rewarding businesses for producing higher quality goods and services,

The General Assembly,

1. Defines "trademark", for the purposes of this resolution, as a group of words, a visual design, an auditory expression, or some combination thereof that is used to identify goods or services from a particular source;
2. Further defines "trademark right", for the purposes of this resolution, as the set of exclusive rights granted to a distributor of goods or services regarding the use of a specific trademark, including the right:
   
   1. to use that trademark to identify goods or services from that distributor and to distinguish those goods and services from those of other distributors,
   2. to seek damages from and injunction against any other entity using that trademark in conjunction with the distribution of similar goods or services,
   3. to license any of these rights to others, and
   4. to extinguish any of these rights;
3. Further defines "foreign trademark", for the purposes of this resolution, as any trademark for which a trademark right is recognized by the member nation where the relevant distributor is located;
4. Mandates that each member nation recognize the exclusive rights associated with foreign trademarks for as long as the relevant distributors actively make use of their foreign trademarks when distributing goods and services in that member nation;
5. Authorizes each member nation to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign trademarks when such trademarks are:
   1. merely descriptive of a product or service, or synonymous with a particular type of product or service,
   2. deceptive or fraudulent,
   3. confusingly similar to a trademark already recognized by that member nation, or to the name of another distributor or geographical location in that member nation, except when that trademark or that name was purposefully chosen to cause confusion in the marketplace due to its similarity with a foreign trademark,
   4. in violation of general restrictions on freedom of expression, or
   5. prohibited by any additional trademark regulations created by that member nation, so long as such regulations remain consistent with the goals of this resolution;
6. Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize domestic trademarks;
7. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on trademarks.

[Grays Harbor]

On first read, this seems fairly reasonable and we have nothing to add at this point.

[Araraukar]

Could you please not center align the text? It makes it annoying to read on non-widescreen browser windows, as it makes each line contain just 2-3 words.

[Auralia]

Could you please not center align the text? It makes it annoying to read on non-widescreen browser windows, as it makes each line contain just 2-3 words.

Done.

[Bears Armed]

On first read, this seems fairly reasonable and we have nothing to add at this point.

This.

[Auralia]

Bump for additional comments.

[Grays Harbor]

You seem to have nailed it in the first shot. Any more comments would just be minor kibbitzing. Just my opinion, mind.

[Cardoness]

Great job. I have no objections after a first read.

[Ruior]

First off this looks like a really good resolution. I understand and thoroughly and the only objection I have is that I'd rather have it make a committee to manage the trademarks, however the system you have is more than acceptable. I'd be more than happy to approve this if it's submitted.

[Araraukar]

First off this looks like a really good resolution. I understand and thoroughly and the only objection I have is that I'd rather have it make a committee to manage the trademarks, however the system you have is more than acceptable. I'd be more than happy to approve this if it's submitted.

More committees = bad for proposal, generally speaking. I personally applaud every proposal/resolution that manages to do its business without creating a committee.

[Ruior]

First off this looks like a really good resolution. I understand and thoroughly and the only objection I have is that I'd rather have it make a committee to manage the trademarks, however the system you have is more than acceptable. I'd be more than happy to approve this if it's submitted.

More committees = bad for proposal, generally speaking. I personally applaud every proposal/resolution that manages to do its business without creating a committee.

I get how creating committees can be an issue. I would have just approached this differently. Not necessarily better, but differently.

[Point Breeze]

Well done. I have nothing to add here.

[Christian Democrats]

At first glance, this seems to be a reasonable proposal; although, I disagree with the mechanism of recognizing foreign trademarks. In my opinion, this proposal should require nondiscrimination between domestic companies and foreign companies in regard to trademarks. I do not like the idea that my government might be required to recognize each and every trademark registered in a foreign country. What this proposal ought to do instead is prohibit member states from implementing additional barriers against foreign companies compared to domestic companies with respect to the registration of trademarks. Another path might be the creation of an International Trademark Commission to regulate and recognize the trademarks of multinational enterprises.

Recognizing that businesses often use a trademark to identify its goods or services

This should say one of the following.

Recognizing that businesses often use a trademark trademarks to identify its their goods or services

Recognizing that businesses a business often use uses a trademark to identify its goods or services

[The Kingdom of Hasahmistan]

Bump!

Id love to see this pass as a resolution in the WA, but maybe expand this to include Intellectual Property and Patents?

[Araraukar]

Id love to see this pass as a resolution in the WA, but maybe expand this to include Intellectual Property and Patents?

Would make it harder to make it a good proposal. Small, precise focus area is better for proposals, generally speaking.

[Auralia]

I do not like the idea that my government might be required to recognize each and every trademark registered in a foreign country.

I have made a change to the proposal which should allay your concerns:

Mandates that each member nation recognize the exclusive rights associated with every foreign trademark for as long as the relevant distributors actively make use of their foreign trademarks when distributing goods and services in that member nation;

This change ensures that nations are not required to recognize foreign trademarks unless those trademarks are actually used to sell goods and services in their nation. In the event that domestic and foreign trademarks conflict, member nations have the freedom to recognize either one, pursuant to section 5(c).

What this proposal ought to do instead is prohibit member states from implementing additional barriers against foreign companies compared to domestic companies with respect to the registration of trademarks.

This would allow nations to refuse to recognize trademarks at all, which would defeat the point of this proposal.

Another path might be the creation of an International Trademark Commission to regulate and recognize the trademarks of multinational enterprises.

I would really rather not establish a committee to handle trademarks, if possible.

Recognizing that businesses often use a trademark trademarks to identify its their goods or services

Fixed. Thank you.

[Auralia]

Id love to see this pass as a resolution in the WA, but maybe expand this to include Intellectual Property and Patents?

Patents are already protected by the General Patent Charter, though I intend to repeal it at some point as it prohibits nations from allowing biological matter to be patented.

Copyright is already protected by Foreign Copyright Recognition.

I may in the future write a proposal granting protection to industrial designs and other forms of intellectual property.

[Araraukar]

OOC: Just a question - in Finland the Fazer company has trademarked a certain shade of blue, as they use it for their wrappers, and "Fazer blue" is the de facto name of their most popular chocolate product - would this type of trademark need to be recognized in, say, Auralia, if the product was sold there?

EDIT: Finnish Wikipedia article has the particular shade, if interested.

[Auralia]

OOC: Just a question - in Finland the Fazer company has trademarked a certain shade of blue, as they use it for their wrappers, and "Fazer blue" is the de facto name of their most popular chocolate product - would this type of trademark need to be recognized in, say, Auralia, if the product was sold there?

EDIT: Finnish Wikipedia article has the particular shade, if interested.

Yes, I believe so.

[Ruior]

I'm simply going to affirm Ruior's support for this proposal. You've done a wonderful job with this good sir.

[Araraukar]

OOC: Just a question - in Finland the Fazer company has trademarked a certain shade of blue, as they use it for their wrappers, and "Fazer blue" is the de facto name of their most popular chocolate product - would this type of trademark need to be recognized in, say, Auralia, if the product was sold there?

Yes, I believe so.

In that case, no objections, just an abject fear of the various colours of the spectrum being claimed as trademarked products by the multitudous WA nations. Good thing Araraukar doesn't have to deal with it.

[The Saturnian Republic]

OOC: Just a question - in Finland the Fazer company has trademarked a certain shade of blue, as they use it for their wrappers, and "Fazer blue" is the de facto name of their most popular chocolate product - would this type of trademark need to be recognized in, say, Auralia, if the product was sold there?

No, because of this:

Defines "trademark", for the purposes of this resolution, as a group of words, a visual design, an auditory expression, or some combination thereof

A colour, by that definition is not a trademark. If a nation wants to allow that, great, but the rest of the WA doesn't by this definition.

[Araraukar]

No, because of this:

Defines "trademark", for the purposes of this resolution, as a group of words, a visual design, an auditory expression, or some combination thereof

A colour, by that definition is not a trademark. If a nation wants to allow that, great, but the rest of the WA doesn't by this definition.

This and the author's statement disagree with you.

[The Saturnian Republic]

noun
9.
an outline, sketch, or plan, as of the form and structure of a work of art, an edifice, or a machine to be executed or constructed.
10.
organization or structure of formal elements in a work of art; composition.
11.
the combination of details or features of a picture, building, etc.; the pattern or motif of artistic work: the design on a bracelet.
12.
the art of designing: a school of design.
13.
a plan or project: a design for a new process.
14.
a plot or intrigue, especially an underhand, deceitful, or treacherous one: His political rivals formulated a design to unseat him.
15.
designs, a hostile or aggressive project or scheme having evil or selfish motives: He had designs on his partner's stock.
16.
intention; purpose; end.
17.
adaptation of means to a preconceived end.

These are all the definitions of the noun version of design. Nowhere does it accommodate for a colour being a design. And even an author can misinterpret their own proposal.

[Araraukar]

These are all the definitions of the noun version of design. Nowhere does it accommodate for a colour being a design. And even an author can misinterpret their own proposal.

OOC: Tell that to the Fazer company and Finnish officials.

Further defines "foreign trademark", for the purposes of this resolution, as any trademark for which a trademark right is recognized by the member nation where the relevant distributor is located;
Mandates that each member nation recognize the exclusive rights associated with every foreign trademark for as long as the relevant distributors actively make use of their foreign trademarks when distributing goods and services in that member nation;

This definition and mandate seem to agree with the author's assesment - if another nation recognizes it as a trademark, and that company markets their products in your nation, then according to this proposal you need to recognize it as a trademark.