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by _delirium
5858 days ago
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If it was only registered in March 2010, doesn't that cause a problem for using the Madrid-system registration to enforce the trademark against products that were released in 2009, like this one? At least in the U.S., the various presumptive benefits of having a registered trademark are much weaker if you're trying to enforce it against a usage that preceded the registration. It seems they would have to rely on the older FaceTime Communications USPTO marks in order to establish priority, but those marks are only in the narrower U.S. classes. |
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Trademarks are unregistered IP as well as registered. Registration gains you more protection and makes suing people easier but it can be done with an unregistered mark (or that's how things work in the EC).
It doesn't matter when any product was made in as much as the registered mark is a sign of the origin of goods/services it is not a product mark. If there is no other IP protection on your product I can rip it off and sell it as long as I don't use your trademark.
I don't know sufficient to comment on priority of registrations in the US both in the specifics and in general, sorry.