If a company files a trademark in 1 of the 178 countries, it may then file the same mark in any of the other countries WITHIN 6 MONTHS and get the priority date from the original filing.
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The Cleveland Guardians used the Paris Convention when securing the trademark for its new team name.
In March 2021, the team filed a trademark for "Cleveland Guardians" in the Republic of Mauritius.
The application went unnoticed until the new name was announced in July.
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So how does a trademark application go unnoticed in today's world?
A number of the "Paris Convention" countries do not allow online searching of their trademark databases.
This makes it nearly impossible to find trademark filings made in those countries.
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The strategy of "hiding trademark filings" in tiny remote countries has become very common in the past 10 years (especially with large companies trying to conceal information about product launches).
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So at this time, in a tiny country's trademark office, there likely sits a trademark application for the Washington Football Team's new name. 🗃 👀
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Thank you for all the interest in this tweet today!
I took a deep dive into this issue with ABC News tonight. Here is the full interview:
The elbows begin flying immediately in the complaint.
In the second paragraph the roller derby team asserts that two sports teams cannot reside in the same city and have the same name.
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After coming out of the gate strong, the roller derby team goes on to posit that it has common-law trademark rights in northeast Ohio, going back to late 2013.
The University of Kentucky and the Commonwealth of Kentucky are engaged in a trademark battle over who owns the trademark for KENTUCKY when it comes to clothing.
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The University of Kentucky is claiming that consumers are likely to think any clothing products sold by the state government using the trademark "TEAM KENTUCKY" are actually products sold by the University.
The roller derby's trademark filing for "Cleveland Guardians" was focused on merchandise items.
These items overlap the items claimed in the @Indians' trademark filing for "Cleveland Guardians."
Specifically, class 16 (bumper stickers) and class 25 (clothing).
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In its trademark application, the roller derby team also claimed that it has been using the Cleveland Guardians trademark to sell merchandise since 2014.
If true, this would give the roller derby team "common law" trademark rights extending back to 2014.