Le Baron d’Merde wrote:
That also depends on the jurisdiction. Sweden, seems to be the case.
Not really - its just harder or easier.
Un-registered trademarks has almost no protection in my country (not sweden) for
instance.
Correct.
It is possible to win a legal dispute for a un-registered trademark in some
situations in here, if one can proof an
early actual commercial use of that trademark BUT that involve a very long legal
battle.
Exactly.
Based on US practice (IIRC) ™ for un-registred trademarks and ® for registred.
I guess
the un-registred trademark must carry the ™ thing to be enforced, but I am not
sure.
Not sure about that, but if it's registered the due diligence has been
done and is significantly more defensible that one that hasn't had its
diligence... and of course there is nothing stopping someone registering
a trademark after you assumed it to kick you off it... which is why they
always recommend registering it. My advice to people and remember
IANAL, if someone claims trademark and you are not also claiming the
same trademark, just stop using it because it could get messy and
expensive and its best just to avoid the hassle.
Michelle
Just 2c.
On Fri, Feb 09, 2018 at 11:52:16AM +1100, Michelle Sullivan wrote:
LuKreme wrote:
On Feb 7, 2018, at 20:06, Michelle Sullivan <miche...@sorbs.net> wrote:
Just saying telling people not to call the product the same as the trademark if
there are any changes to the product is the way to protect the trademark.
But is there a trademark? It seems not from an earlier post.
Don't know - Trademarks don't always have to be registered to be a
Trademark... a Registered Trademark can carry the symbol and has had all the
due diligence done so its more 'protectable' but the lack of the
registration doesn't make it 'not a trademark' just that it's not as
defensible for violations.
Michelle
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Michelle Sullivan
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