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



What do you mean by «enforce» a trademark or patent?

thx

On Wed, Sep 04, 2002 at 01:30:02PM +0100, Rob Bradford wrote:
> 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.
> 
> Cheers
> -- 
> Rob 'robster' Bradford
> Founder: http://www.debianplanet.org/
> Developer: http://www.debian.org/
> Monkey with keyboard: http://www.robster.org.uk/



-- 
May the source be with you
--------------------------------------------------------------------
Ignacio García Fernández                      <ignacio.garcia@uv.es>
Instituto de Robótica.                        
Universidad de Valencia.                            Tlf. 96 398 3583

http://shannon.irobot.uv.es/~ignacio/  

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