Trademark News & Screw-ups ABERDEEN FC Loses Whisky Trademark In Row With Don Fino Sherry

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. Why? 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?"

The video below features Andrei Mincov's commentary of this article.



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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.