tag:blogger.com,1999:blog-5574479.post109840466450659544..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: GENERIC MARKS POSERVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-1098439149589704032004-10-22T10:59:00.000+01:002004-10-22T10:59:00.000+01:00This question has some interesting corollaries. Fo...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.Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.com