Indications that are nowadays use by many as a generic name. But does everyone remember that these were once original brand names for new products? These products were so successful and innovative that the public – or at least parts. Of the public – start to identify the brand name with. The underlying product type. Lemonade Although this sounds like music to many. An entrepreneur, the legal consequences of this are ultimately not.
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For the underlying products, the brand has lost its core function – the origin function. The public will then no longer see the brand as an indication of origin and quality, but only an indication of the type of product. It can Qatar WhatsApp Number therefore no longer be a trademark, and the trademark registration is therefore declare null and void. As a result, the brand has actually become outlaw. To do or not to act The law provides that cancellation can be claim when the trademark has become a common name “by act or omission.
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Therefore bears a responsibility in this regard. On the one hand, to be consistent in their own brand use, and on the other to take action against infringers who use the brand as a generic name. Who doesn’t regularly ‘Google’ to look up something online or don’t refer to Spa Rood when he means sparkling water? To prevent such trademark use from becoming commonplace, a trademark owner will have to take action where possible. For example, by sending a demand letter and, if this does not have the desire effect, even filing a lawsuit against the infringer.