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Are you suggesting that the only trade marks be totally made up words? That flies in the face of hundreds of years of tradition. People have been using their
by mckoss 16y ago
Are you suggesting that the only trade marks be totally made up words? That flies in the face of hundreds of years of tradition. People have been using their own names in their business and need to be able to keep others from unfairly trying to confuse customers.
If Roberts and Sons Cleaners is an established brand in a community, we would want a legal mechanism for that business to protect their brand - without having to change every business name to XYZZY, etc.
- alloallo 16y agoI wouldn't have a problem with a name like "Roberts and Sons Cleaners" because, after all, it's a fairly unique combination of words. I would, however, have a big problem with someone trademarking the name "Robert". And that is the issue here: Django is a first name.
- mckoss 16y agoI agree it would be nice to be more cut and dried. In practice, I think it would come down to a court deciding if their was the possibility of misleading the consumer, by mimicking a well-known brand in a particular market. So I think businesses can get trademarks for English words and common names - with the understanding that they might be geographically or market-segment limited in their protection.