But there is also a downside: once a brand has been registered, that brand can – of course under certain conditions – also be removed from the register. This does not happen automatically, but at the initiative of a competitor or other interested party. A brand registration can therefore be the target of legal attacks. If such an attack is successful, it can mean that you no longer have an exclusive brand right, and an important asset for the company is lost. Do you not want to give your competitor a chance in this? Then pay attention to the following points.
Walkman, chocolate sprinkles, ranja. All designations that are now used by many as generic names. But does everyone still have in mind that these were originally brand names for new products? These products were so successful and innovative that the public – or at least parts of the public – at a certain point started to identify the brand name with the underlying product type.
Lemonade
Although this sounds like music to the ears of many entrepreneurs, the legal consequences are ultimately not so positive. If the brand name has become a common name (or generic name) for the underlying products, the brand has lost its core function – the origin function. The public then no longer sees the brand as an indication of origin hong kong telegram data and quality, but only an indication of the type of product. It can therefore no longer be a brand, and the brand registration is therefore declared void. As a result, the brand has effectively become fair game.
Action or omission
The law stipulates that cancellation can be requested when the trademark has become a common name “through the actions or omissions” of the trademark holder. The trademark holder therefore has a responsibility in this regard. On the one hand, to be consistent in his own use of the trademark, and on the other hand, to take action against infringers who use the trademark as a generic name.
Who doesn't regularly use 'google' to look something up online or doesn't talk about Spa Rood when they mean sparkling water? In order to prevent such trademark use from becoming commonplace, a trademark owner will have to take action where possible. For example, by sending a formal notice and, if that doesn't have the desired effect, even taking legal action against the infringer.
