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It's just not true though. In the UK the only reasonable way that it might be conceived that Oatly would lose their many trade marks is acquiescence - they hav
by pbhjpbhj 5y ago
It's just not true though.
In the UK the only reasonable way that it might be conceived that Oatly would lose their many trade marks is acquiescence - they have to give way to a registered trade mark for a period of five years for that to occur. Degeneration (aka genericisation) is laughable far from a possibility in this case. I think https://www.ipo.gov.uk/t-challenge-decision-results/o32919.pdf https://www.ipo.gov.uk/t-challenge-decision-results/o32919.p... discusses most of the pertinent precedents.
In USA, for example in Abraham v. Alpha Chi Omega the trademark holders (AXO) had failed to sue for 50 years, they still came away with a result that Abraham could only use licensed decals on his paddles henceforth.
Register, pay your fees, ask people to acknowledge your mark, ... no need to be a sue-happy jerk. Of course nearly all the advice you find is from IP law firms saying you need to sue everyone who even looks at your trade marks sideways. Any caselaw refs that show I'm wrong gratefully received.
This represents my personal opinion, unrelated to my employment and is not legal advice.