United States - Section 211 Omnibus Appropriations Act Sample Clauses

United States - Section 211 Omnibus Appropriations Act. Timeline: Request for consultations filed by the European Communities on July 8, 1999. In this complaint, generally knows as the Bacardi case, the European Communities alleges that Section 211 of the US Omnibus Appropriations Act, which became law on October 21, 1998, makes it difficult or even impossible to renew a trademark registration in the United States if such registration was previously abandoned by a trademark owner whose business was confiscated due to trade with Cuba. Article 2 of the TRIPS Agreement obliges WTO Members to comply with Articles 1 through 12 and 19 of the Paris Convention. This dispute brings to the fore the opposition by the European communities and other countries, such as Canada, to US rules that forbid trade with Cuba and that in some cases tend to have an extraterritorial effect. A decision against the US in this highly politicized matter might lead to complex and far-reading developments in the US Congress. The Appellate Body examined Article 15.1, which contains a definition of what constitutes a trademark, and that the criterion for registration of trademarks is their distinctiveness, and stated that signs that are capable of constituting a trademark (“signs that are capable of distinguishing the goods and services of one undertaking from those of other undertakings”) should be eligible for registration as trademarks in national legislation.[States- Section 211 Omnibus Appropriation Act of 1998, doc.
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