3 ms·
Registered trademarks are to prevent "passing off", which is simply fraud. But to register a trademark, you have to list the product classes in which you intend
by denton-scratch 3y ago
Registered trademarks are to prevent "passing off", which is simply fraud. But to register a trademark, you have to list the product classes in which you intend to trade.
You should not be allowed to register your marque for a class in which you are not already trading. Apple doesn't trade in apples, so their registration application fails (or their lawsuit falls at the first hurdle).
Rebecca Vardy successfully registered the trademark "Wagatha Christie" against scores of classes of products that she doesn't produce. She didn't even coin the phrase; it was coined by a journalist.
https://en.wikipedia.org/wiki/Wagatha_Christie https://en.wikipedia.org/wiki/Wagatha_Christie
If there isn't a risk of customer confusion, then there should be no grounds for action. There ought to be something similar to anti-SLAPP laws to stop companies bringing frivolous actions for TM violation.
- mecha_ghidorah 3y ago> You should not be allowed to register your marque for a class in which you are not already trading. Apple doesn't trade in apples, so their registration application fails (or their lawsuit falls at the first hurdle). Or at least in classes you aren't intending to trade in, and you should lose it if you aren't a short period of time after registering