Trademark News & Screw-ups Homophobe wants to trademark the rainbow because it’s been ‘raped’ by ‘deluded’ LGBT people

As unfortunate as many people may find the hijacking of the rainbow colors for a political agenda (whether or not you agree with the agenda itself), it would be impossible to "reclaim" it through trademarking. First of all, a trademark must have an owner. "Christians" is just too general of a group. And any attempt to localize the owner through a particular entity would result in the same complaints about usurpation. Second, trademarks can only be registered with respect to and enforced against specific products and services. What this means is that the mere fact of trademarking the rainbow colors does not automatically mean that no one can use rainbow colors ever again. Only if such use is with respect to the same or substantially similar products and services as those for which you managed to trademark it. It might have been possible to get the trademark on all sorts of merchandise (tshirts, hats, etc. and entertainment events in the form of parades etc.) if not for the fact that a trademark must be capable of distinguishing products and services of the trademark owner from identical or similar products and services of everyone else. And this is the third and the biggest problem of all here. The ship has sailed. Like it or not, lots of people associate rainbow colors with LGBTQ movement. They may not own it legally but they have managed to turn what used to be an innocent symbol and turn it into something that symbolizes the opposite of innocence. Which is precisely what usurpation claims are about. To turn back to trademarking laws, while Christians would not be able to reclaim the rainbow to own it as their trademark, the way to reverse what they believe is usurpation would be from turning the rainbow back into the realm of non-distinguishing signs. In other words, if the rainbow symbolizes not one, not two, but dozens, hundreds, and thousands of completely unrelated things, then it no longer symbolizes anything in particular. If LGBTQ activists and anti-LGBTQ activists use the same imagery to root for their ideas, the imagery stops being representative of either of them. Definitely not an easy thing to do but surely more realistic than trademarking the rainbow at this point.

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

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