Sunday, 20 January 2013

An accident waiting to happen

Actually not an accident at all: perhaps a ticking time-bomb. Extensions of International trade marks to the US commonly run the risk of "overclaiming". The EU system is notorious for encouraging applicants to apply for registration for extremely wide ranges of goods and services, even including the kitchen sink, and the absolutists who would prefer trade marks to be more like copyright (a fortiori, registered designs) leap at the chance. The EU's use, or intent to use, requirements are pathetic. By contrast, the US has very demanding standards, and the problem that can arise when the two approaches collide is summed up neatly in this posting by my friend Marty Schwimmer - to which I don't need to add anything.

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