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Volume4
MonthMay
Year2003
TitleTrademark Distinctiveness in a Multilingual Context: Harmonization of the Treatment of Marks in the European Union and the United States
Author(s)Eric E. Bowman
First Page513
AbstractThis Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The dependence of international protection of a mark registered under the Madrid Protocol upon the validity of the mark in its country of origin argues for a similar treatment of validity of the mark in all countries of origin.