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SCOPE OF THE RIGHT TO EXCLUSIVE USE OF TRADEMARKS REGISTERED UNDER THE OLD LAW
Joseph S. Yang
In current practice, the trademark authorities demand that the goods designated in a trademark application be specific so as to avoid any controversy regarding the scope of the right to exclusive use of a registered mark. With respect to those trademark applications which were filed under the old law, however, it was possible to obtain trademark registration for goods under broad terms. Considerable ambiguity may, therefore, exist concerning the scope of the exclusive right. To clarify matters, the trademark authorities have composed internal guidelines for determining the scope of the right to exclusive use of trademarks registered under the old law as follows:
Trademarks registered by class headings: the right to exclusive use extends to all goods within the registered class.
Trademarks registered by class headings plus listing of specific goods: the right to exclusive use extends to all goods within the registered class.
Trademarks registered by listing specific items of goods plus the wording all goods falling into this class: the right to exclusive use does not extend to all goods in the registered class, but only to the goods listed and goods similar to them.
Trademarks registered by listing specific items of goods plus the wording "all goods not falling into other classes": the right to exclusive use does not extend to all goods in the registered class, but only to the goods listed and goods similar to them.
