Such trademarks may also be registered or common law ....

Discussion in 'Legal Terminology' started by RBO, Jan 25, 2013.

  1. RBO New Member

    Español España

    I would really appreciate if someone could help me with this sentence meaning:

    "Such trademarks may also be registered or common law trademarks in other countries"

    It is included in the legal section of a document, concerning the legal conditions of a company concerningt warranties, trademarks and so on.

    Thanks in advance
  2. Tochka Senior Member

    Welcome to the forum!

    It's not entirely clear from the post what part of the sentence is troubling to you, but I assume that, as Spain is a civil law country, the distinction between "common law" and "registered" trademarks may be part of the difficulty.

    The sentence in the contract is trying to make sure that those reading the contract know that "trademark" means "all trademarks", not just registered ones. In the US, trademark rights are created by use of the mark, not by its registration. Trademarks which are not registered are called "common law" trademarks because the law governing them comes primarily from the common law (judge-made law). Federal Registration--based on federal statutory law--extends and strengthens US trademark rights, but does not create them. (Common law trademarks are usually identified by a small "TM" after the mark; only registered marks should use the "circle-R" symbol).

    People from jurisdictions that do not have common law trademark rights, may not realize that unregistered names and logos can legally be trademarks in jurisdictions like the US. In fact, many people in the US mistakenly think that registration creates marks here, and get themselves into trouble by only checking to see if a proposed mark is registered before investing in preparations to use it themselves, not realizing that they need to check for unregistered uses as well.
    Last edited: Jan 25, 2013
  3. RBO New Member

    Español España
    first of all, thank you very much for your quick reply and for your explanation about this subject. I understand now the meaning, but I need to translate it into Spanish, and I do not know how, taking into account that these are legal terms.
    Could anybody oyt there help me please?
  4. Tochka Senior Member

    Mi español es muy malo, pero...
    For registered trademark: marca registrada
    And for "common-law" how about "marca" combined with an adjective that negates registrada (¿no-registrada?) in conjunction with a modifier to express "common law?"
    v. ley común:
    While this would be redundant in English, in would help make clear to readers of the document that common law marks are unregistered marks.
  5. RBO New Member

    Español España
    Thanks you again for your help. The idea is perfectly understood.
    I have just found other translation possibility:
    "marcas registradas o de derecho consuetudinario" (after having browsed a lot of web doc for a very long time....)
    Best regards and have a nice weekend.

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