article thumbnail

Effect Of Non-Use Of Trademark

IP and Legal Filings

It is necessary to emphasized repeatedly that the term “use” only refers to bona fide use or to legitimate uses made in the regular course of business and not merely uses made to only reserve the right to a mark. The owner’s mark may be struck off the register if they fail to prove the usage of the mark.

article thumbnail

Trademark Infringement in the Digital Age

IP and Legal Filings

Businesses and individuals can utilize real-time anti-cybersquatting protection, proactively purchase similar domain names, and register trademarks to combat cybersquatting. Enforcement attempts are further complicated by geographical limits, fair use defenses, and disparities in legal systems across international borders.

article thumbnail

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg.