Trademarks Law in Guam (US)
Here is a comprehensive overview of Trademark Law in Guam (U.S. Territory):
Trademark Protection in Guam
Guam, as a U.S. territory, offers trademark protection through both federal and local systems:
Federal Protection: A U.S. federal trademark registration provides protection across all U.S. states and territories, including Guam. This is managed by the United States Patent and Trademark Office (USPTO).(Barclay Damon)
Local Protection: Guam also has its own trademark registration system under the Guam Code Annotated, Title 5, Chapter 20. This allows for local registration of trademarks within the territory.(Justia)
Federal Trademark Registration
Scope: A federal trademark registered with the USPTO extends protection to Guam. This means that the trademark owner can enforce their rights against infringers within Guam, provided the mark is used in commerce there or has a reputation. (Barclay Damon)
Enforcement: Owners of federally registered trademarks can seek legal remedies, including injunctions and damages, in federal court.
Local Trademark Registration in Guam
Under Guam's local laws, businesses can register their trademarks within the territory. This process is governed by the Guam Code Annotated, Title 5, Chapter 20.(ictrademarksandcopyrights.com, Justia)
Registration Process
Application: Submit an application to the Guam Department of Revenue and Taxation. The application must include:
The name and address of the applicant.
A representation of the trademark.
A list of goods or services associated with the trademark.
A specimen showing the trademark as used in commerce.(ictrademarksandcopyrights.com, Marcaria)
Examination: The department examines the application to ensure it complies with legal requirements.
Publication: If the application passes examination, it is published for opposition. Third parties have a specified period to oppose the registration.(Marcaria)
Registration: If no opposition is filed, or if opposition is overcome, the trademark is registered.
Duration and Renewal
Initial Protection: Trademark registrations in Guam are valid for five years from the registration date.(ictrademarksandcopyrights.com)
Renewal: Registrations can be renewed for additional five-year periods.
Non-use: If a trademark is not used in commerce for 365 consecutive days, the registration may be revoked. (Justia)
Enforcement and Legal Remedies
Infringement: Using a trademark that is identical or confusingly similar to a registered mark is prohibited. Violators may be subject to fines and legal actions.
Penalties: Fines for unlawful use can be substantial. For example, using a confusingly similar trademark can result in fines of not less than $10,000.
Injunctions: The Superior Court of Guam has the authority to grant injunctions to prevent violations of trademark rights. (Justia)
Summary Table
| Feature | Federal Registration (USPTO) | Local Registration (Guam) |
|---|---|---|
| Governing Authority | USPTO | Guam Department of Revenue and Taxation |
| Jurisdiction | U.S. states and territories | Guam |
| Duration | 10 years, renewable | 5 years, renewable |
| Use Requirement | Yes | Yes |
| Enforcement Mechanism | Federal courts | Superior Court of Guam |
| Territorial Scope | Nationwide | Limited to Guam |
RELATED Blog
0 comments