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If one sees a logo or a name on a product or packaging, how would you know if the logo/name is registered as such.
i.e. you see a product with a logo like this, how would the normal guy in the street know if it registered or not ?
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Martin Coetzee
Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven. We solve your fastening problems. www.straptite.com
You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan † 05/03/2011
Any takers ?
I am being accused of infringement of a "mark" which I have had no knowledge that it is registered !
Nowhere on the WWW. can I find the specific mark/logo that has the ™ or the ® sign attached
Martin Coetzee
Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven. We solve your fastening problems. www.straptite.com
You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan † 05/03/2011
I'd start there. And collect as many instances as you can find where they're using the "trademark" without trademark markings if they aren't just a bunch of con-artists (remember Mark and his Bafokke shirt experience).
Of course if it isn't actually registerd as a trademark, there could still be copyright issues.
No, Only if you go to there website it is described as registered and is indeed.
But my gripe is that how should Joe Public know this mark is registered. There is no visual indication and even on their website there is no ® next to the mark.
Martin Coetzee
Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven. We solve your fastening problems. www.straptite.com
You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan † 05/03/2011
Cannot divulge the name now, but a well known institution in SA and they are genuine.
Martin Coetzee
Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven. We solve your fastening problems. www.straptite.com
You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan † 05/03/2011
If you're displaying a copy of someone else's material, I regret you've still got copyright "right to use or copy" issues even if it isn't a registered trademark.
Something to add to our little PM aside - the SAPCA logo I referred to as example isn't trademarked, it's actually registered with an institute of heraldry somewhere or other that may or may not still exist. But we still have no problems in law defending it against unauthorised use.
Not much more for it but plead ignorance and press for an agreement, I'm afraid.
Depends on a. can they prosecute you, and b. are they likely to win. If you’re a big company in the UK you would pay a solicitor to run searches before you register a trade mark.
I think part of the difficulty in this thread is we're misunderstanding the actual issue Martin faces. Martin and I had a PM aside and this isn't about one image possibly being similar to another. Perhaps the best way to clear up the confusion is to rephrase the question:
If an image is registered as a trademark, does it have to have the TM mark or ® mark displayed with it whenever it is used?
And if it doesn't have either of those marks when displayed, at what point (if any) does it lose its "protected use" status?
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