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Policy and Advocacy
Board Resolutions
Territorial Exclusivity of Trademark Validity





September 22, 2004

Sponsoring Committee: Hague Convention Subcommittee of the Treaty Analysis Committee


Adopted Resolution

WHEREAS, INTA recognizes the territoriality of trademark law and supports effective enforcement of trademark rights; and

WHEREAS, the Hague Conference on Private International Law is nearing a final draft Convention on Exclusive Choice of Court Agreements, which may be adopted at a Diplomatic Conference in May 2005; and

WHEREAS, the current draft Convention on Exclusive Choice of Court Agreements applies primarily to business-to-business transactions and will facilitate transactions related to trademarks; and

WHEREAS, the current draft Convention does not apply to proceedings that have as an object the determination of validity of trademark rights, but does apply to determinations of the validity of trademark rights that arise as incidental questions in proceedings otherwise within the scope of the Convention.

BE IT RESOVLED, that the International Trademark Association supports the incorporation of provisions in the Convention that exclude from enforcement any judgments resulting from proceedings that have as an object a determination of trademark validity.

BE IT FURTHER RESOVLED, that the International Trademark Association supports the incorporation of provisions in the Convention that may include proceedings otherwise within the scope of the Convention in which trademark validity arises as an incidental question, provided that incidental question determinations are not enforceable under the Convention.