When faced with a “litigation situation”, I often get the question, “Mrs-Trademark, what are my chances of winning?”.  And I have to say, “That depends almost entirely on how much “Proof of Use” you can give me for that country”. 
Proof of Use = Documentation.  How much and how good that documentation is will influence your chances of winning a litigation situation in most countries.

Entering into a litigation situation is a costly and time consuming process.  Not just for your lawyer and your checkbook, but in terms of your time as well.  The lawyer can only take the information you provide and process that into a legal argument.  It is your back up documentation that gives that argument real weight. 

Provable usage in great quantity is a key to international trademark strength and to the effective use of the Worldwide Famous argument to overcome certain types of rejections.

One of my lawyers recently told me:

`

What Proof ?

  1. Sales & Advertising Data for Country X
  • Yearly reports (internal)
  • Actual invoices showing dates, amounts, brand name, customer/vendor name, goods/services
  • Purchase Order/Sales Agreements (showing the same details as above)
  • Service contracts
  • Fax, E-mail, Mail correspondence with customers/vendors

   2.  Third Party References, Worldwide
  • Win any awards? 
  • Mentioned in industry magazines/blogs/newsletters?        
  • Any product recalls?   Any Social Media references? (Twitter, Linked In, Facebook, UTube, etc.).
  • Used in TV or movies ?

   3.  Legal Agreements for Country X
  • Royalty reports, royalty agreements, distributor agreements, licensing agreements.
  • All such documents should bear the full name of the: owner, brand and the product/service covered therein.

In most countries, the more evidence you can provide to establish the date of first use of the product/service, the better.  The older the evidence you can provide, the better.  In many countries 5 years is a critical trademark use date, and documents proving the age of the trademark can be particularly useful.

So, if you are facing a trademark “litigation situation”, and you want to know what are your chances of success...think first about the quality and quantity of back-up documentation you yourself can provide.

The chances of successful litigation based on Worldwide Famous Trademark arguments, regardless of country, are improved when both the trademark owner and the trademark attorney work together in a creative manner providing voluminous proof to solid legal arguments.

 


Comments

10/27/2016 12:46pm

Legal documentation is the big problem now a days i mean there are lots of restriction in every single and simple step.

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03/26/2017 9:56pm

I think having some good and reliable information in that documentation will have you a chance of winning. The more interesting and reliable information to share in the documentation, the more people you will influence on reading your paper. Try to let someone that is very skilled to check your documentation, I guess he/she can give you some useful feedback on your paper and you can change any sentence that can make your documentation to be interesting. I don’t really know about Trademark Litigation, but I think all my advice can help you with your problem. Thanks for sharing your problem with us, I hope you win and I hope you can make a very useful documentation.

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01/09/2017 11:59pm

Well written documentation can help you to win. Use a special service to be sure you done all right.

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01/30/2017 9:20pm

Litigation situation is a situation where there is controversies or disputes between and among persons, organizations, and the State. This requires a pile of legal documentation. The more documents and proof the better. Each country has their own litigation so it is nevertheless different. Might as well ask help for the people who knows this sort of situation because they can handle it better and they can guide you through everything.

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