In 2006, America’s retail giant Walmart attempted to trademark the yellow ‘happy face’ logo which has long been used to create the company’s brand identity in its stores. The attempt to register this mark seemed impossible from the outset, given that the smiley face image has been around since
Date: March 11, 2020 (page 1 of 2)
There is no requirement to apply for a trademark prior to using it. Trademark rights in Malaysia are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file. If you’re not trying to stay under the radar, then the potential benefits
This question relates to two separate issues – registration vs. use – and the answer depends upon what one is really asking. While there is no prohibition against using a mark that is different from the one applied for, such usage might not support the trademark application.
An applicant must eventually
It would seem that registering celebrity names for goods, as opposed to services, may be less difficult since the applicant would not have the additional burden of showing that the name is being used to identify the services being performed.
Of course, a celebrity that is late in the game of filing
Everyone has a right to privacy, an inherent right to be left alone.
Famous people have an additional IP right known as the right of publicity that protects against the usage of the famous person’s name or likeness to make a profit without consent. Celebrities would have the right to stop others
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