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Re: Debian registered by a trade as TM in Spain!

On Tue, 2002-09-03 at 16:59, Steve Langasek wrote:
> On Tue, Sep 03, 2002 at 01:25:20PM +0200, Ignacio García Fernández wrote: 
> Can someone familiar with Spanish IP law comment on what weight is given
> to "prior art" in the case of a trademark challenge?  I'm assuming that,
> one way or another, some money will have to be spent on lawyers to fix
> this.

I'm interested in whether this in fact an issue, primarily because if
they tried to enforce the trademark prior usage should be easy to find
given that the date of the trademark issuing is May 2001. Hence the
trademark becomes unenforcable, i'm not sure whether it is worth wasting
time and money on attempting to get this revoked. *shrug* Maybe
consulting an expert on Spanish law would be a good idea as you say.

Under some jurisdictions if a company does not enforce a trademark then
that trademark enters the public domain. This completely different to a
patent where you can enforce it whenever you want. *Theoretically*
trademark law should be standardised across the EU.

Rob 'robster' Bradford
Founder: http://www.debianplanet.org/
Developer: http://www.debian.org/
Monkey with keyboard: http://www.robster.org.uk/

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