Biana Borukhovich Esq The Law Office of Biana Borukhovich, PLLC covers a full range of legal services in New York. We focus in on each individual issue on a microscopic level and value every client as if they were a part of our family. We are dedicated to diligently representing our clients and look forward to helping you solve your legal issues.Our goal is to provide the best legal representation available at a reasonable and fair cost to our clients.
1460 Broadway new york NY
New York , 1460 Broadway new york NY 10036 New York
Biana Borukhovich Esq
I worked with Biana Borukhovich on a sensitive matter when it came to creating the last will and testament, power of attorney and a health proxy for my ailing mother. Biana was very sensitive to the personal element of these things, was compassionate and made my mom and me feel very comfortable with the whole process. She simplified the legal language into context we could all understand and made it easy to get the documents executed. Highly recommend working with her! Searching for the RIGHT lawyer was pretty stressful for me– Such high fees just to see if they would be the right fit for my business was hard as a start-up business. I was not sure what was the best place to start and I needed someone with the patience to listen and help me formulate the best plan for my business needs. Biana has exceeded my expectations far beyond my imagination. She is incredibly diligent, on top of her game and her prices as so fair. Biana has taken my business to a new level!! My firm retained Biana Boukhovich’s law firm to do a trademark filing for one of our products. Prior to hiring her, my partner and I met with several attorneys but each firm had some flaw or the other, either too aggressive, too expensive, too nice etc. Biana was very knowledgeable, straightforward and extremely patient. Her fees are fair and she is extremely diligent. Since hiring her office, she has gone above and beyond her stipulated contract to help us fine tune our Trademark. I am usually very selective in who I recommend but Biana is one of the few professionals I would have no hesitation endorsing.
Rating: 5 / 5 stars

Do US Trademarks Hold Any Strength Abroad?

One would think that based on the Intellectual Property treaties that United States (“US”) has with several other countries, that their brands would be offered at least some sort of reciprocity protection overseas. However, this is not the case. Marks that are considered registered trademarks with the United States Patent Trademark Office (“USPTO”) are offered substantial amount of protection nationwide, but not abroad because trademarks are considered territorial. In order to obtain protection abroad, US trademark owners need to file for trademarks in each specific country. Contrary to some people’s belief, a worldwide trademark does not exist.

The main treaty, which is associated with trademarks between the US and other countries, is under the World Intellectual Property Organization called the Madrid Agreement. There are currently 121 countries that are members. This treaty allows for foreign trademark owners to apply for trademarks abroad (only to member countries) through a unified system for a specified fee.

Many brand owners fail to see the value in obtaining foreign trademarks until a problem arises. A common issue that occurs on a daily basis is the hijacking of trademarks abroad by foreign “squatters”. Individuals within countries such as China can register your trademark(s) in their country without the necessity of showing actual use. China’s “first to file” trademark law means that a rapid filing by locals can stop the actual brand owners from doing business in China. Essentially, these hijackers register the trademark(s) for the hope of being paid out by the rightful owner(s) or using the likeness of these brands in order to build their own profitable brands in China.

If an American company chooses to manufacturer its goods in China and they
have not obtained trademark registrations for their marks/brands in China, but a local “squatter” has, the American brand owner would not be able to sell its products in China because they would technically be counterfeiting, as well as, would take the risk of having their goods seized in customs before the goods ever leave for the US. For the foregoing reasons, several American known companies have paid large sums in order to regain the rights to their trademarks in China.

For example, in 2012 Apple paid $60 Million Dollars to retrieve the right to use its iPad trademark in China. On the contrary, Michael Jordan currently has not been able to retrieve his marks, “23” and Air Jordan’s “jumpman” logo, back in China regardless of all his legal efforts and lawsuits. A Chinese company constructed its entire brand around Michael Jordan’s identity, going as far as using the names of his sons, Jeffrey and Marcus, in Chinese. In 2016, Michael Jordan was able to win the rights to his name in Chinese script but court ruled that the Chinese company can still use the phonetic version of his name in English. Hence, the legal system and rules in China seem to be part of the big problem. To take it to the next level, such imprudent trademark laws make it possible for counterfeit goods to be manufactured in and exported from China without any ramification.

So if a brand owner wants to truly protect their brands and logos, they shall file for trademarks in all the countries they wish to do business in. Long-term vision always wins.

If you have any questions, please feel free to contact me at:
The Law Office of Biana Borukhovich, PLLC
(347) 450-1811
Attorney Advertising

error: Content is protected !!