Foreign Trademark Recognition

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:

a. to use that trademark to identify goods or services from that distributor and to distinguish those goods and services from those of other distributors,

b. to seek damages from and injunction against any other entity using that trademark in conjunction with the distribution of similar goods or services,

c. to license any of these rights to others, and

d. to extinguish any of these rights;

  1. 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;

  2. 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;

  3. Authorizes each member nation to create reasonable limitations and exceptions to the exclusive rights associated with certain foreign trademarks when such trademarks are:

a. merely descriptive of a product or service, or synonymous with a particular type of product or service,

b. deceptive or fraudulent,

c. 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,

d. in violation of general restrictions on freedom of expression, or

e. prohibited by any additional trademark regulations created by that member nation, so long as such regulations remain consistent with the goals of this resolution;

  1. Clarifies that nothing in this resolution should be interpreted as requiring member nations to recognize domestic trademarks;

  2. Further clarifies that nothing in this resolution should be interpreted as limiting the World Assembly from further legislating on trademarks.

More info here: NationStates • View topic - [PASSED] Foreign Trademark Recognition

This resolution is now up for vote.

Bai Lung will vote FOR.