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 International TM filing vs. online 
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Joined: 2012-01-03 23:03:44
Posts: 85
While it seems clear that in the US, if a brand is already online, then another person would not be able to file in the US for the same trademark. But how about in foreign territories, especially first-to-file trademark territories? If your brand is already in wide online use by people in those countries, can someone there still beat you to filing there, and thus stop your brand's sales there?

2012-02-10 19:47:09

Joined: 2012-01-09 20:25:31
Posts: 25
Location: Taipei, Taiwan
I can't speak to what the actual law is, but I believe I've read that major U.S. brands have had that sort of trouble in Brazil. See, for example, Andrew Bellingall's article: ... 202008.pdf
Does this address the situation you mean?

2012-03-13 21:35:37

Joined: 2012-01-03 23:03:44
Posts: 85
Yes, partly. Seems from the example there, big priority is given to first usage, even outside Brazil, which would be good in our case of trying to build up online branding before someone tries to register there.

2012-03-13 22:12:23

Joined: 2013-03-23 14:01:42
Posts: 2
You can use a constrictive knowledge argument, particularly when both business entities are aware of each other and trademarks they hold.

Pinsky Law

2013-04-09 10:02:24
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2012-10-20 14:21:36

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