2 ms·
I agree that trademark law is generally pretty sensible. It's worth noting that it's pretty expensive to trademark something, and you need to keep paying to ke
by nl 4y ago
I agree that trademark law is generally pretty sensible.
It's worth noting that it's pretty expensive to trademark something, and you need to keep paying to keep your trademark. As a policy this is sensible for something the depletes a "commons" like words or colors.
(It's possible to argue that trademarks aren't expensive enough for some corporations. But for the costs are a significant disincentive to just go trademarking everything)
- Retric 4y agoYou can win a trademark dispute without registering your trademark. https://www.uspto.gov/trademarks/basics/why-register-your-trademark https://www.uspto.gov/trademarks/basics/why-register-your-tr... Common law rights If you haven’t filed for state or federal registration, your trademark protection is based solely on using your trademark in commerce within a particular geographic area. This limits your rights, as you can only enforce your trademark rights for the specific area where your trademark is used.
- nl 4y agoYes it's true that non-registered trademarks are a thing too. There was an interesting case in Australia about an unregistered trademark and who owned it after an acquisition of the product it was associated with: https://www.claytonutz.com/knowledge/2019/may/a-fight-about-much-more-than-peanuts-licensing-unregistered-trade-marks-after-kraft-v-bega https://www.claytonutz.com/knowledge/2019/may/a-fight-about-...