Also known as: telle-quelle · vente telle quelle · as is · as-is sale
Written by attorneys — see sources below.
A treaty obligation requiring that a trademark registered in its country of origin be accepted for registration and protected in other member countries exactly as registered without additional requirements or modifications.
Thomas Thompson instructs his lawyer to pursue registration of a foreign mark in the United States under the Paris Convention. The lawyer files the application seeking protection exactly as the mark appears in the origin-country registration. The USPTO accepts the mark without modification because the telle quelle obligation controls.
Trevor Tate seeks U.S. registration of a mark already protected in France. The application presents the identical word and design elements used abroad. The examining attorney must accept the mark exactly as registered in the country of origin under the telle quelle rule.
Tessa Takahashi files a Section 44(e) application based on a German registration. She submits the foreign certificate showing the mark exactly as used and registered abroad. The USPTO grants registration without requiring additional specimens or alterations.
Thunderbolt Motors owns a mark registered in Japan and seeks U.S. protection. The application claims the identical lettering, colors, and goods listed in the Japanese registration. The telle quelle provision requires acceptance without U.S.-imposed design changes.
Tiana Tan applies to register a Swiss mark that is descriptive in English. The foreign registration is presented exactly as issued. The USPTO may still refuse on absolute grounds but cannot reject solely because the mark originated abroad.
Theo Thomas files a telle quelle application for a mark registered in Canada. The drawing and goods match the Canadian certificate precisely. The USPTO registers the mark without demanding new specimens or modifications to the foreign form.
Member countries must accept for filing and protect a trademark registered in the country of origin exactly as registered. No additional requirements or modifications may be imposed solely because of the foreign origin of the mark.
No. A Section 44(e) applicant need only allege a bona fide intention to use the mark in commerce. Actual use is not required prior to registration under the telle quelle provision.
Refusal remains possible if the mark is ineligible under U.S. standards such as descriptiveness or functionality. The telle quelle obligation does not override domestic bars to registration.
The foreign filing date serves as the U.S. priority date even without an allegation of use or intent to use in the foreign application. The U.S. application must still include the required use or intent allegation.
…in the consideration or decision of the case. Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions…