Intellectual Property Law

Chapter 8 Case Study Answers

Case Study: Fit Forever plans to open fitness studios in Austria, Belgium, France, and
Ireland next year as well as open a studio in Australia (a member of the Madrid Protocol).
It would like to protect its mark FITNESS SOLUTION (for which it filed a U.S.
application three months ago) in those countries.

Activities: Describe the strategy Fit Forever should take to protect this mark.

Fit Forever should file an application under the Madrid Protocol and either
designate the five countries separately or designate the EU (if it wishes
protection in all 28 member nations of the EU) and Australia. If Fit Forever
files its Madrid Protocol application within three months of the filing date of
the U.S. application, it will be able to capture the filing date of the U.S.
application for priority purposes.