I guess that is what I don't understand here. Why was the trademark granted when it clearly isn't unique? Do they just grant all requests and let the courts sort them out, or what?
Pretty much. Trademarks aren't really granted they are "registered." Instead of a presumed legal right like say a patent or copyright, it's more like a warning "Hey I'm using this name!" It's purpose is so that you can pick a name nobody is using.
Trademark law isn't like copyright. It's not universal. It's limited by market scope and market geography. And the analysis is mainly focused on how confusing it would be to customers.
Trademark law is actually pretty sensible when you learn about it. But it's not easy to describe in short summary.
Trademark registration has an examination process where an expert looks at the details of the application and judges as to whether it meets the statutory requirements. It's just different nomenclature.
That's not to say that every application for registration is treated with rigour and care just that there is absolutely an examination procedure. In the UK one of the targets is [was] a high degree of validity, ie if courts overturn the registration then you've failed.
You don't have to pick a name no-one is using ... that's Trademarks 101 right there. But you knew that as you intimate in your second para.
There is a period of public comment before trademarks are granted, to give any other people with similar names a chance to object. I've been at places where our trademarks were held up by that.
rhino369|12 years ago
Trademark law isn't like copyright. It's not universal. It's limited by market scope and market geography. And the analysis is mainly focused on how confusing it would be to customers.
Trademark law is actually pretty sensible when you learn about it. But it's not easy to describe in short summary.
pbhjpbhj|12 years ago
This http://lawoffashion.com/blog/story/11/16/2012/164 is an interview with an ex-USPTO trademark examiner turned trademark attorney.
That's not to say that every application for registration is treated with rigour and care just that there is absolutely an examination procedure. In the UK one of the targets is [was] a high degree of validity, ie if courts overturn the registration then you've failed.
You don't have to pick a name no-one is using ... that's Trademarks 101 right there. But you knew that as you intimate in your second para.
danielweber|12 years ago