David Lyon schrieb:
Florian Klaempfl wrote:
There is no need to register a trademark if you can prove otherwise
(publications etc.) that you use this trademark.
Florian,
True.
You can run for many years without any legal protection with a given name.
But if somebody comes along tomorow and registers your name as a
trademark, you are going to have one expensive legal battle on your
hands to get your name back.
I don't know exactly, I'm just asking: What about the "prior art"
solution in USA and maybe other countries?
At least in European countries the party which tries to sue sb else has
to pay the costs in advance, regularly speaking.
E.g., if you have a GmbH in Germany/GesMbH in Austria (which is similar
to a Ltd. in GB), the name of this GmbH gets known to the public and its
name gets protected automatically just by being filed at the register
court. So it's not necessary to protect the company's name using a
registered trademark. AFAIK it's the same situation with any company,
society or whatever: The first one which uses a name can use it forever,
regardless of any patent or trademark stuff.
By the way, by accident one of our current customers is the European
Patent Office here in Munich. Yes, they are running Lazarus software for
their video observation system ;) If any legal questions should arise
in this domain, please give me a note, so that I can try to get answers :)
Regards,
Sebastian
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