Question
Hello!
We are based in Singapore. We are currently developing our intellectual property strategy. For this, we would like to register our trademark in Australia, the United States, and Europe. Too keep costs low we would like to register for as few classes as possible. However, should a competitor (or anyone, really) use our brand name for a product or service not covered by our registered classes, do we still have any protection?
Thank you!
John
Answers: 1 public & 1 private
The point about classes is that there is a limited name space and Nike for sports is different from Nike for say greek statue carvers. Paying for the classes is like drawing a boundary box so the judicial system understands when someone crosses over the line. Competition law means other people are treated similarly for their business so you can always a) buy them out, b) come to mutual agreement c) complain that actually dilutive anyway if closely related class. So you either pay now or pay later (if you think the risk is real).
Just be aware of the social media as in the case when the lawyers threatened the Hobbit Inn (apparently established well before film) which backfired.
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