Forget Paris: Federal Circuit nixes trademark for lack of ties to city

, The National Law Journal

   | 2 Comments

A federal appeals court has doused a French citizen's application to trademark "JPK Paris 75" for accessories because the goods aren't linked to the City of Light and the applicant is a longtime U.S. resident.

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What's being said

  • Jake

    The USPTMO can deny a federal trademark registration for "JPK Paris 75" but I don't think they can prevent the company from using that as a trademark so long as they do not use the ® symbol. Register it in a few states and that will show up on any competitors trademark search. Many states have far less stringent criteria for trademark registration. Also, common law rights can be established via use. If the FTC determines use of that mark is an unfair or deceptive act they could could take action but that is not likely.

  • Jake

    The USPTMO can deny a federal trademark registration for "JPK Paris 75" but I don't think they can prevent the company from using that as a trademark so long as they do not use the ® symbol. Register it in a few states and that will show up on any competitors trademark search. Many states have far less stringent criteria for trademark registration. Also, common law rights can be established via use. If the FTC determines use of that mark is an unfair or deceptive act they could could take action but that is not likely.

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