It is still possible to balance cost limitations and considerations of piracy issues by using a selective and focussed defensive registration process. One may still consider for trademark registration only the most important countries and the most important classes of goods. In many countries, it is difficult to sue for infringement if the goods are not virtually identical to the mark which has been registered. Under the Paris convention, there is protection for well known, famous or notorious marks, but the extent to which protection is given to such marks and which marks are eligible for such protection varies from country to country. A motion picture title, for example, may or may not have that notoriety.
Some films carry different titles in different countries.
To be balanced against not filing registrations for particular classes of goods is the possibility of more difficult enforcement. This possibility becomes more likely if third parties perceive it profitable to create and market their own goods bearing marks in unregistered classes. Of course, a certain amount of counterfeiting merchandising will occur with or without registration. As a positive sign, internationally, there appears to be a trend as to where a court will protect the owner of a mark in connection with unrelated goods, and rigid adherence to limitations in enforcement are giving way to more open policies and legislation in some though not all countries. Specific territories Europe New opportunities are likely to be based on merchandising outflow of EuroDisneyland and the acceptance by Europeans and others of greater merchandising properties.