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Interesting use of ©copyright

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Interesting use of ©copyright

Postby diy » Wed Nov 08, 2017 9:55 pm

I thought this was interesting
Image
I'm not sure how it can be discussed within the rules though?

They seem to have included the © and the word Copyright within their trade mark. must have been fun for the legal team.
My suggestions are not legal advice
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Re: Interesting use of ©copyright

Postby shootist » Wed Nov 08, 2017 10:40 pm

Is it trademarked?

Edit:
Looks like it is (but no © symbol)

https://euipo.europa.eu/eSearch/#details/trademarks/016806515
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Re: Interesting use of ©copyright

Postby dls » Thu Nov 09, 2017 6:07 am

The copyright symbol has almost no continuing legal significance. It seems an obvious candidate for use in a trade mark
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Re: Interesting use of ©copyright

Postby atticus » Thu Nov 09, 2017 6:59 am

Save that it is so commonly used that a trademark registration is unlikely to be permitted.
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Re: Interesting use of ©copyright

Postby dls » Thu Nov 09, 2017 11:24 am

Save that it is so commonly used that a trademark registration is unlikely to be permitted.

I am not sure why that might be. It is just another letter. It would not be an attempt to use just that one letter, but as a symbol forming part of a larger mark.

I might trademark bing>o
It would be distinctive. In a world where you can trademark colour, or a sound or a 3d shape, I do not see what would stop it.
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Re: Interesting use of ©copyright

Postby atticus » Thu Nov 09, 2017 11:31 am

OK. Maybe. But not © on its own
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Re: Interesting use of ©copyright

Postby dls » Fri Nov 10, 2017 7:29 am

I agree - not on its own.
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Re: Interesting use of ©copyright

Postby diy » Fri Nov 10, 2017 11:17 am

As I understand the TM (general comment, not specific to this) its very much the visual graphic that is protected. The word Colour and Copyright, could not be protected, given they are well used, generic and have linguistic meaning.

There does seem to be a bit of a ruse going on in general to use plain fonts to create trademarks, in the hope that it somehow stops someone from typing the protected words. Surely such TMs are weak?
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Re: Interesting use of ©copyright

Postby theycantdothat » Fri Nov 10, 2017 1:37 pm

shootist wrote:Is it trademarked?

Edit:
Looks like it is (but no © symbol)


You have to distinguish between registered and unregistered trademarks. TM indicates that a trademark is asserted but that it is not registered and ® that the trademark is registered. An unregistered trademark is not unprotected, but in any proceedings you need to prove the sign is distinctive.
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