Melville tells TTFA cease patent application abroad

This is regarding the use of the subject trademark Soca Warriors, which was allegedly coined by Melville in 1998. According to a pre-action protocol letter which was issued to the TT FA and its president on Monday (a copy of which was obtained by Newsday yesterday), “we (the attorneys) became aware that the TT FA, in bad faith, had engaged foreign agents to apply for and prosecute the subject trademark Soca Warriors, both before the United States Patent and Trademark Office and the European Intellectual Property Office.” The letter also made mention of the fact that, “in 2007, the Controller of the Trinidad and Tobago Intellectual Property Office (TT IPO) refused Trademark Applications Nos 36696 and 37173 in the names of Trinidad and Tobago Football Federation and our client, respectively under Section 14(3) of the Trade Marks Act until the rights of the Parties have been determined by the Court.”

Accusing the TT FA of acting in bad faith, “we (the attorneys) think it only prudent that the Parties take the one and proper course of action namely that our client, the originator of the mark, register the name and then arrange with the TT FA for use of the name by assignment or licensing agreement.”

The attorneys have given the TT FA 28 days to acknowledge receipt and respond to the pre-action protocol letter, or face legal proceedings.

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