Nationalizing Trademarks: A New International Trademark Jurisprudence?

Abstract

A new international trademark jurisprudence is currently in formation that has negative impact on international trade. Indeed, this new trademark jurisprudence includes the recent phenomenon of states monopolizing the use of generic names through the elevation of such names to trademarks of national stature and the rise of global recognition and registration of geographic indication status for generic names. Professor Nguyen identifies and analyzes the new trademark jurisprudence, and critiques its impact on international trade relations and language propertization. Professor Nguyen proposes a certification mark regime to end the expansion of generic name protection and to promote fair competition.

Keywords: trademark, jurisprudence, trademark right, international trademarks, geographical indications, GIs, international trade, generic names, unfair competition, tariffs, catfish, sardine, feta cheese