Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Unique name, how to protect?  (Read 709 times)

hamsol

  • Guest
Unique name, how to protect?
« on: 07-30-06 at 10:06 pm »


Ok, a name that is truely unique, how do you protect it from Anybody using the name for Any purpose?

Unique names such as Walmart, Pepsi, Spongebob .. etc.

Because with a trademark .. they want you to be class specific .. but you dont want the name to be diluted?

What can I do to totally protect the name from being used?

thx,

Patrick
Logged

lyza2855

  • Guest
Re: Unique name, how to protect?
« Reply #1 on: 07-31-06 at 05:28 am »

Quote
Ok, a name that is truely unique, how do you protect it from Anybody using the name for Any purpose?

An attorney may disagree, but to my knowledge, you can't.  Unless you apply for protection in every known class for every known good or service, and you are using the mark for all those goods/services, you can't completely remove a name from being used in good faith by someone else for entirely unrelated goods or services when their intention is not to cause confusion with your mark or benefit from your goodwill.  If your name acquires such incredible distinctiveness in the marketplace, i.e. Coca-Cola, that you are prepared, and have the money, to oppose alll other applicants, there is no way to do it.  I will be interested to hear if I am mistaken here.
Logged

JSonnabend

  • Guest
Re: Unique name, how to protect?
« Reply #2 on: 07-31-06 at 06:57 am »

An attorney might disagree with Lyza, but he'd be wrong.

Protecting a "famous" mark requires more than merely opposing published applications.  It requires diligence against unregistered uses as well.

- Jeff
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.069 seconds with 14 queries.