3 ms·

So it is a requirement that when you have a trademark, you must defend that mark. Oftentimes they contract a law firm specifically to monitor the trademark. I

by kxrm 6y ago

So it is a requirement that when you have a trademark, you must defend that mark. Oftentimes they contract a law firm specifically to monitor the trademark. If anything even hints at their mark, they file opposition. Filing opposition is cheap and easy. How far they go from there depends on how strong their mark is and how strong they feel they have a case to successfully oppose you. It costs very little to initiate an opposition just a little bit of time and $500. Many trademark filers drop the trademark at this first stage.

mindfulhack 6y ago
Surely there are provisions in or affecting such trademark law such that you cannot overstep bounds of reasonableness, e.g. by going after anything with the colour red just because yours is also red? (IANAL)
- leeuw01 6y ago
  T-Mobile is known for sueing companies who have a magenta/pink logo. https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.washingtonpost.com/news/the-switch/wp/2014/02/10/court-says-t-mobile-owns-the-color-magenta/%3FoutputType%3Damp&ved=2ahUKEwiP-5Pv5I3rAhWB_KQKHXfsB8QQFjAGegQICRAB&usg=AOvVaw2BCEe66Wdws1Ij45PzXcl2&ampcf=1 https://www.google.com/url?sa=t&source=web&rct=j&url=https:/...
  - pbhjpbhj 6y ago
    Colours can be trademarks (at least in Europe).
pbhjpbhj 6y ago
>So it is a requirement that when you have a trademark // Could you quote the USC and maybe the principle caselaw on this? AFAICT it's false.
- kxrm 6y ago
  In the US, it's true https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf https://www.uspto.gov/sites/default/files/documents/BasicFac... USPTO is largely a negotiating, registration and notification apparatus. It has no ability to enforce your trademark beyond what you are willing to do. See page 9 of this USPTO document. It is expected that you will do all the legwork to defend and determine your ownership of a trademark. If you do not, your trademark could be eroded or infringed and left undefended long enough the infringer could potentially file opposition if their use of your mark exceeds your own.

by kxrm 6y ago

mindfulhack 6y ago

Surely there are provisions in or affecting such trademark law such that you cannot overstep bounds of reasonableness, e.g. by going after anything with the colour red just because yours is also red? (IANAL)

leeuw01 6y ago
T-Mobile is known for sueing companies who have a magenta/pink logo. https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.washingtonpost.com/news/the-switch/wp/2014/02/10/court-says-t-mobile-owns-the-color-magenta/%3FoutputType%3Damp&ved=2ahUKEwiP-5Pv5I3rAhWB_KQKHXfsB8QQFjAGegQICRAB&usg=AOvVaw2BCEe66Wdws1Ij45PzXcl2&ampcf=1 https://www.google.com/url?sa=t&source=web&rct=j&url=https:/...
- pbhjpbhj 6y ago
  Colours can be trademarks (at least in Europe).

pbhjpbhj 6y ago

>So it is a requirement that when you have a trademark // Could you quote the USC and maybe the principle caselaw on this? AFAICT it's false.

kxrm 6y ago
In the US, it's true https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf https://www.uspto.gov/sites/default/files/documents/BasicFac... USPTO is largely a negotiating, registration and notification apparatus. It has no ability to enforce your trademark beyond what you are willing to do. See page 9 of this USPTO document. It is expected that you will do all the legwork to defend and determine your ownership of a trademark. If you do not, your trademark could be eroded or infringed and left undefended long enough the infringer could potentially file opposition if their use of your mark exceeds your own.