So take an active stance towards infringers
Posted: Sun Dec 15, 2024 6:38 am
unimportant: the brand owner himself must also use his own brand as such, and not as a generic name. How? For example, do not put an article in front of it and do not make it a verb. If it concerns a new type of product, think of a generic name that is used in the context of the brand.
Ranja has been working on a comeback as a brand for a few years now . In this way, the brand owner hopes that it will once again become an exclusive brand name from a generic name. Time will tell if this will ultimately succeed.
2. Tackle trademark infringement
A distinctive trademark must remain distinctive. Is your trademark not so much used as a generic name, but is it frequently used by competitors as a trademark for similar products or services? In that case too, it can become a common name and the trademark holder must take action, because there is a risk that the trademark will lose its distinctiveness or become “diluted” due to frequent use by others. Then it has become a common name. And in that case too, the trademark right may lapse.
3. Use the mark for the protected goods and services
A trademark must be applied for for specific goods hong kong telegram data and services. In order not to lose the trademark rights, the trademark must actually be used for those goods and services, at least within a reasonable time.
First 5 years protected in any case
In the first 5 years of the trademark registration, the trademark is protected for all designated goods and services, regardless of whether the trademark is or will actually be used for those goods or services. As a trademark owner, you therefore have ample time to further develop a product or service before it is launched (in practice, this is mainly interesting for the pharmaceutical industry).
Required after 5 years of use
But once the first 5 years of registration have passed, this is different. From that moment on, the trademark must have been used normally in the 5 preceding years in order to still be valid. Has the trademark not been used at all in those 5 years? Then the trademark registration can be declared void due to non-use, at the request of an interested party.
Keep proof of normal use
As a trademark owner, it is therefore wise to keep a good record of the use of a trademark. Save advertisements, presentations and catalogues (and provide them with a date or catalogue year). And refer to the brand and the type of products in invoices and order lists, where possible. In this way, you as a trademark owner will be well prepared, because once you are involved in a procedure, you as a trademark owner must provide the proof.
Also read: Does it make sense to register 'corona terms' as a trademark?
A product photo with the brand on it and a single invoice are not enough, as the holder of the old motorcycle brand EYSINK (pdf) recently found out . Result: the brand registration was declared void.
Ranja has been working on a comeback as a brand for a few years now . In this way, the brand owner hopes that it will once again become an exclusive brand name from a generic name. Time will tell if this will ultimately succeed.
2. Tackle trademark infringement
A distinctive trademark must remain distinctive. Is your trademark not so much used as a generic name, but is it frequently used by competitors as a trademark for similar products or services? In that case too, it can become a common name and the trademark holder must take action, because there is a risk that the trademark will lose its distinctiveness or become “diluted” due to frequent use by others. Then it has become a common name. And in that case too, the trademark right may lapse.
3. Use the mark for the protected goods and services
A trademark must be applied for for specific goods hong kong telegram data and services. In order not to lose the trademark rights, the trademark must actually be used for those goods and services, at least within a reasonable time.
First 5 years protected in any case
In the first 5 years of the trademark registration, the trademark is protected for all designated goods and services, regardless of whether the trademark is or will actually be used for those goods or services. As a trademark owner, you therefore have ample time to further develop a product or service before it is launched (in practice, this is mainly interesting for the pharmaceutical industry).
Required after 5 years of use
But once the first 5 years of registration have passed, this is different. From that moment on, the trademark must have been used normally in the 5 preceding years in order to still be valid. Has the trademark not been used at all in those 5 years? Then the trademark registration can be declared void due to non-use, at the request of an interested party.
Keep proof of normal use
As a trademark owner, it is therefore wise to keep a good record of the use of a trademark. Save advertisements, presentations and catalogues (and provide them with a date or catalogue year). And refer to the brand and the type of products in invoices and order lists, where possible. In this way, you as a trademark owner will be well prepared, because once you are involved in a procedure, you as a trademark owner must provide the proof.
Also read: Does it make sense to register 'corona terms' as a trademark?
A product photo with the brand on it and a single invoice are not enough, as the holder of the old motorcycle brand EYSINK (pdf) recently found out . Result: the brand registration was declared void.