For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

Two of our regular Kats are currently on blogging sabbaticals. They are David Brophy and Catherine Lee.

Friday, 22 October 2004

GENERIC MARKS POSER

The IPKat would like to draw your attention to an interesting problem posed in the INTA Trademark [sic!] List. The issue is basically whether a mark owner can make his own trade mark generic in order to block others from registering it.

The IPKat says keep an eye out for answers to this one, which are already trickling in on the List.

1 comment:

Jeremy said...

This question has some interesting corollaries. For example, if I use a word generically but, (i) despite my best efforts to do so, the public persists in using it as a trade mark , and (ii) no use is made of it by other traders, the word would be registrable by him since Council Directive 89/104, Articles 2 and 3, would not appear to exclude me from subsequently registering it -- but no competitor could register it because it not not distinguish his goods/services. If however the public persists in understanding the word I use as a generic term as though it were a competitor's trade mark, my use would not presumably bar that word from registration by my competitor.

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':