Trademarks Across Languages
Discussion
Does anyone know where you stand with trademarks, but then in a different language?
For instance, say Pespi was Smoto in French (it isn't), could you sell Smoto as a cola if Pepsi had not trademarked Smoto in the first place?
(different colours and logos as you don't want passing off).
For instance, say Pespi was Smoto in French (it isn't), could you sell Smoto as a cola if Pepsi had not trademarked Smoto in the first place?
(different colours and logos as you don't want passing off).
It would depend.....(I'm trying to remember my advanced Trade Mark Law)
If the mark is well known enough in the UK then use of the mark in the UK (assuming that it is a non-UK mark originally) may well cause problems if the use of the UK mark will take unfair advantage of, or be detrimental to, the repute of the original mark.
If the mark is not at all well known then there should be no problems with registration and use in the UK....however, if this is the feeling then the question that would be asked is "Why are you wanting to use the foreign mark in the UK?" - You obviously know about this foreign mark and there would be suspiscions about motives.
Basically if it was Pepsi and Smoto wasn't registered in the UK, but was widley used in the rest of Europe (ie it is well known and UK people are likely to have come across it!) and you selected Smoto as your new cola name then Pepsi would almost certainly come down on you and there are specific provisions in the Tade Marks Act to deal with such situations. A Trade Mark Agent would (should) be able to explain the above better!
Hope that helps.
Alex
If the mark is well known enough in the UK then use of the mark in the UK (assuming that it is a non-UK mark originally) may well cause problems if the use of the UK mark will take unfair advantage of, or be detrimental to, the repute of the original mark.
If the mark is not at all well known then there should be no problems with registration and use in the UK....however, if this is the feeling then the question that would be asked is "Why are you wanting to use the foreign mark in the UK?" - You obviously know about this foreign mark and there would be suspiscions about motives.
Basically if it was Pepsi and Smoto wasn't registered in the UK, but was widley used in the rest of Europe (ie it is well known and UK people are likely to have come across it!) and you selected Smoto as your new cola name then Pepsi would almost certainly come down on you and there are specific provisions in the Tade Marks Act to deal with such situations. A Trade Mark Agent would (should) be able to explain the above better!
Hope that helps.
Alex
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