Trademark protection is changing - and I don't think I like it
Andrei Mincov's commentary on the original article
Proving ownership of a brand through use is 100 times more difficult and more expensive compared to simply registering the brand as a trademark. Trademarks, by design, make it very easy, through registration, for business owners to claim a monopoly over non-unique words (Apple), phrases (I'm Lovin' It), and images (green square by H&R Block) as applied to specific products and services. If the brand owner doesn't bother to protect the brand early on, it sends a pretty strong message to the market that the brand owner is not being serious about their brand and their business. The solution should not be about making it easier for the brand owner to remedy his recklessness by giving the brand owner more tools to protect that which the brand owner neglected to secure. It's actually the opposite. The solution is to let the brand owners know that unless they have properly trademarked their brand, they will lose their brand.