New York, New York—November 12, 2024—The Board of Directors of the International Trademark Association (INTA) has adopted a resolution approving comprehensive updates to its Model Trademark Law Guidelines (MLTG), incorporating significant changes in global trademark laws and INTA policy positions.
The updated Guidelines reflect several major Board resolutions, including those on the Harmonization of Preliminary Injunction Legislation (November 2020), Unfair Competition Law — Additional Minimum Standards (September 2021), and Monetary Relief for Trademark Violations (November 2023). The revisions were developed by the Model Trademark Law Guidelines Task Force of the Legislation & Regulation Committee, following extensive consultation with various INTA committees.
Key updates include enhanced provisions for partial cancellation of trademark registrations, clarified protection standards for well-known marks as provided for under the TRIPS Agreement, and more flexible language for the depiction of marks using generally accepted technologies. The Guidelines also endorse strengthening the recognition of letters of consent and coexistence agreements in the context of the trademark examination process.
The revised Guidelines also include new language relating to combating trademark counterfeiting, including criminal sanctions for habitual offenders and disgorgement of profits made by counterfeits.
The 2024 Model Trademark Law Guidelines will serve as INTA’s primary reference document for providing guidance to government policy officials and lawmakers on trademark law development.
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