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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 4 MAY 2012
Scams and payment demands: a new MARQUES initiative
Readers of the MARQUES Class 46 weblog will know how strongly the blog team feels about those parasitic businesses that cause trade mark owners untold harm, frustration and vexation by sending them official-looking renewal forms, demands for payment and entries in apparently important but actually worthless directories.  Indeed, last year Class 46 published its own little ‘directory’ of information given by various intellectual property offices with regard to these scams: you can check it out here.

It is sad to note that, in many countries, these business practices are either completely legal or not clearly illegal. Even where they are illegal, it is rare to find anyone who is prepared to take the responsibility for dealing with them. Trade mark owners, practitioners, the police, trading standards bodies -- all potentially have a role to play, but when the law is unclear, the outcome of action is uncertain and resources are scarce, it's not surprising that so little has been done so far.

Now here's some good news. MARQUES has decided that the time has come to take the initiative. In particular
  • MARQUES is willing to make space available on its website for up-to-date information about these rogue businesses, for the benefit of all;
  •  MARQUES invites comments, suggestions and proposals from trade mark practitioners, businesses, enforcement officers and indeed anyone else as to how this serious problem may be tackled;
  • MARQUES declares its willingness to work together with its sister organisations at international and national level in combating the menace.
There are things that can be done. Raising the awareness of current and future victims is good, but we can do more.  MARQUES asks whether an international treaty, requiring member countries to take action against these practices, together with a draft model law that countries can adopt or adapt to suit their needs, might be worthy of consideration. Your opinion on issues such as this is very much welcome.

If you want to contact MARQUES, whether to share fresh information about new demands for payments and offers of worthless services, suggestions for how to combat them or merely to let us know that we have your support, please email info@marques.org with the subject line "Fight against scams".
Posted by: Blog Administrator @ 05.36
Tags: scams, payment demands,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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