ABERDEEN FC Loses Whisky Trademark In Row With Don Fino Sherry

Andrei Mincov's commentary on the original article
This just shows how much stronger a registered trademark is compared to common-law use rights.
Common-law use rights rely on your ability to provide evidence that a substantial number of people know your business under a particular brand.
This assessment is always subjective and often boils down to a simple question: if this brand is so valuable to you, why haven't you bothered to register it as a trademark before?
And it's a fair point.
The path to claiming ownership over a particular brand is straightforward.
You identify a brand that you feel is important to you. You get it trademarked. You enjoy a monopoly over your brand.
Unless your evidence overwhelmingly shows that a competing registered trademark was registered improperly, courts and opposition boards will always lean towards the owner of the registered trademark.
Because deep inside they wonder, "You have squandered a simple and inexpensive opportunity to claim this brand as yours, for years. Why come begging for help now?"
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