Post by account_disabled on Nov 22, 2023 21:50:50 GMT -6
The de facto trademark is a trademark that has not been registered , but has been used for some time for the marketing of services or products and which has obtained visibility and distinctiveness with respect to the target customer and the reference territory. The issue becomes relevant in disputes. Despite what one might think, in fact, the trademark actually enjoys legal protection which, in exceptional cases, is stronger than the protection reserved for the registered trademark, resulting in its nullity. Let us therefore establish a fixed point: it is the judge who establishes that a trademark is de facto worthy of protection based on the evidence provided by the party who claims the right to use the unregistered trademark. The consequence is that not registering a trademark remains a risk.
The difference between a de facto trademark and a registered trademark The big Phone Number List difference between a de facto trademark and a registered trademark is that the latter enjoys presumed protection, while the de facto trademark is protected only if a judge deems it worthy of protection based on various criteria, primarily the acquired notoriety . Furthermore, the protection reserved for the de facto trademark is a protection limited to the authorization to use it only within the limits of the scope of pre-use . Therefore, if the brand wants to make a line extension, it cannot use that distinctive sign. There is no law that requires an entrepreneur to register a trademark . We recommend doing so due to the legal protections that come with it.
In particular, the protection concerns the prohibition for any competitors to use the same or similar trademark , such as to generate doubts in the consumer regarding the identity of the brand. In fact, we remind you that trademark protection concerns: counterfeiting; unfair competition. The intensity of registered trademark protection depends instead on having created a weak trademark or a strong trademark . So we are first of all faced with 2 different moments of protection . The trademark, if registered, is protected even before the creation of a brand identity linked to the trademark itself. Which means that there is no urgency to create a promotional strategy around the brand because protection is not linked to notoriety but to the legal recognition that exists a priori. However, within 5 years of registration, the trademark must be put into actual use for the products for which it was registered and must be used continuously for 5 years (except for exceptional reasons that prevent its use).
The difference between a de facto trademark and a registered trademark The big Phone Number List difference between a de facto trademark and a registered trademark is that the latter enjoys presumed protection, while the de facto trademark is protected only if a judge deems it worthy of protection based on various criteria, primarily the acquired notoriety . Furthermore, the protection reserved for the de facto trademark is a protection limited to the authorization to use it only within the limits of the scope of pre-use . Therefore, if the brand wants to make a line extension, it cannot use that distinctive sign. There is no law that requires an entrepreneur to register a trademark . We recommend doing so due to the legal protections that come with it.
In particular, the protection concerns the prohibition for any competitors to use the same or similar trademark , such as to generate doubts in the consumer regarding the identity of the brand. In fact, we remind you that trademark protection concerns: counterfeiting; unfair competition. The intensity of registered trademark protection depends instead on having created a weak trademark or a strong trademark . So we are first of all faced with 2 different moments of protection . The trademark, if registered, is protected even before the creation of a brand identity linked to the trademark itself. Which means that there is no urgency to create a promotional strategy around the brand because protection is not linked to notoriety but to the legal recognition that exists a priori. However, within 5 years of registration, the trademark must be put into actual use for the products for which it was registered and must be used continuously for 5 years (except for exceptional reasons that prevent its use).