Re: Re: FUNCTION & GENERIC WORDS CAN B TRADE MARK?

Subject: Re: Re: Re: FUNCTION & GENERIC WORDS CAN B TRADE MARK?

Comments:
: Thanks, I know it can be used as such e.g. like these marks are registered DATA BANK and ILLUMINATOR on watches and calculatores these wordings are technical functions they are used along with main brand to describe type and utility function on it. Now whoever uses these on same type of products is liable to suit against infringment as are registered trade marks. What happens on commen trade these are used precicesly to describe the function on it along with their own brand. Are they in this case infringing trade mark law? once usic a word wich is generic term? : Besides the original owners registered these names soon as technology was found and patented by others, they immediatly register these wordings ans several years after they registered their own patentented function also in same name as device. Isn't this ileagel or ment to create confusions deliberatly? Isen't unfair law and trade practice? : This is only an example I found many situations like this by which traders are registering technical and commen wordings or slogans as their trade mark and sueing people for unfair trade or likelihood similarity. : The law is clear about generic terms even brands should avoid them to turn generic on commerce, then how this can be protective as exclusive right for using it? : Same way "A" can not be exclusive if refres to a grade or quality or type, even as second brand gives not exclusivity I think?? : Like on cars we have SPIDER, many makers uses it to describe same type of model a cabriollete sport car. It is commen to see models or second brans beeing refered on similar products, cases veries depending on meaning and finality, what if to describe technical equipment or function? : Awaiting any comments..... : Ash

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