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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.

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