Trademark News & Screw-ups Trading Technologies International sues Vela Trading Technologies over trademark infringement

The interesting thing about Trading Technologies trademark is that it was registered based on "acquired distinctiveness" in the U.S., which means that the mark, while otherwise considered descriptive, "has become distinctive of the goods and services [of the owner] through substantially exclusive and continuous use in commerce for at least the five years immediately [preceding the filing of the trademark application]. If that's the case, the interesting question is whether "Vela Trading Technologies" is indeed infringing. Typically, "Vela" would be the dominant element of the trademark while "Trading Technologies" would be considered disclaimable descriptive matter. But how will the court decide if "Trading Technologies" is an actual trademark on the principal register?

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

THINKING OF TRADEMARKING YOU BRAND?

DISCOVER MODE

Pick from the topics below or use our search system.

And make sure you subscribe to our YouTube channel for more free educational content.

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.