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https://theconversation.com/trademarks-that-will-never-be-used-can-be-bad-faith-business-a-uk-case-has-lessons-for-nz-and-australia-244929>
"According to New Zealand’s Trademarks Register, the name Red Bull has been
registered for everything from “varnishes” to “sausage machines”. And, of
course, energy drinks.
All have been registered by the maker of the eponymous energy drink, but this
doesn’t necessarily mean Red Bull will be branching out into new products.
One of the purposes of trademark law is to protect names, words and logos so
that when consumers see a product they know where it has come from.
Yet in most trademark registration systems around the world – including in New
Zealand and Australia – you can acquire property rights in relation to a
trademark simply by filing an application for the nominated goods or services
(known as the “specification”).
You don’t have to have actually used the trademark on your product or service
to apply – you just have to be the first to register it. As a result, some
businesses may register their trademarks for a wide range of products or
services to claim broad property rights. This prevents other companies from
taking advantage of their brand.
Such “registration-based” systems can be contrasted with “use-based” systems.
The prime example of the latter is the United States, where a mark will only be
registered once an applicant proves they have used it for the goods or services
in the specification.
The main benefit of a “registration-based” system is you are provided with some
assurance that your trademark will be protected before you go to the trouble
and expense of marketing your product or service.
Once you have marketed it, the hope is consumers will indeed come to recognise
your product or service because of its trademark.
The downside of such a system, though, is that brand owners can potentially
register trademarks for goods or services they will never use their marks for,
and in which they have no real commercial interest.
A recent court ruling in the United Kingdom puts the spotlight on such filing
practices in registration-based trademark systems, and how a better
understanding of “bad faith” might curb such practices."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
