[remram]

Why does this happen? What's the point of trademarks existing at all, if you have to fight for it every time someone makes a claim to it? What's the point of registration if the same trademark will be awarded again without regard to existing trademarks in the same region?

[jpalomaki]

In general you are responsible for defending your trademarks and taking action if they are violated.

In non-obvious cases this makes perfect sense. There’s plenty of abandoned trademarks. This system means that you can’t just take old and forgotten trademark and start suddenly demanding money from companies that (unknowingly) infringe it.

I believe this is also the reason why big name brands sometimes go after individuals for trademark violations.

[remram]

It looks like a trademark has already registered in Spain to that different organization, even though there were existing trademark registrations and an organization (PGCAC) actively looking to defend it.

Unless the PGCAC majorly messed up some process or didn't respond in time to inquiries from Spain officials, it looks to me like the system (at least in Spain?) does not work.

[sp8962]

> ... or didn't respond in time to inquiries from Spain officials, it looks to me like the system (at least in Spain?) does not work.

As a rule you will not be contacted by the relevant trademark registering office. What happens is that the registration filing is published, and if you are opposed to it going through you will need to file opposition within a certain period after the publication.

That's why organisations with IP to protect typically directly or indirectly (that is via counsel) use trademark watching services. Essentially these scan the where ever the filings are published, and will send you alerts or whatever when something turns up on the radar.

Actually filing opposition is rather tedious and expensive, and particularly when different good/service classes are being used, sometimes difficult to actually be successful with.

[remram]

I suppose that's viable, as a process. Maybe even the best we can do.

What I'm surprised about is that they call it a "registry" when it operates more like a mailing-list, where you should watch for publications and reply when you have objections. A "registered trademark" is more a "trademark advertised on the mailing-list with no objection at the time". Which is not silly, but somewhat inappropriately named.

[CRConrad]

> inappropriately named

How else should it be named? A "register" or "registry" basically means nothing more than a big book where stuff is written down -- registered. Then later, you can go to the King's scribe, he'll look in his big ledger, and testify that yes, you came before him and had him register your Marque Of Tradhe back in October 1496, and if the other guy can't point to an older entry in his name, you win.

Having herolds in town squares across the realm announce your entry on the second Market Sunday after it was entered -- i.e, announcing it on a mailing list -- is already going above and beyond mere registration.

[remram]

But no one is looking at the register, you are supposed to remind everyone what you put in there every time it's relevant. This is a very unusual way to use a register...