Re: KOHA trade mark application - ways to help

[sorry if this is OT]

This misunderstands the nature of prosecuting a trade mark.

There are two types of trade marks, registered and unregistered. IPONZ
only deals with registered marks. That's why the trust's application
would have been rejected. It filed for registration after LibLime. As
far as the office is concerned, LibLime was first to file. Therefore,
LibLime has priority.

However, that does not mean that LibLime's application will be
registered. That's the point of the opposition process. It allows for
parties with unregistered marks to argue that the application doesn't
stick. The fight is much harder for the opponent though. The owner of
an unregistered mark needs to demonstrate a reputation in the market
place. That's why evidence is so important.

[sidenote]

I just remembered that the Act allows for honest concurrent use.
Therefore, if the application does go through to registration, there
is legal insulation from liability for the trust & other users of Koha
for trade mark infringement.

On 23 November 2011 11:06, Nick Rout <[email protected]> wrote:
> On Wed, Nov 23, 2011 at 9:39 AM, Envy0pla <[email protected]> wrote:
>> Great! Thanks for linking ways we can help.
>>
>> There is lots of information pre 2010 in the NZ library journal archives,
>> where to you want information sent?
>>
>> Thanks,
>>
>> Pikiora.
>
> I see thet the Horowhenua Library Trust abandoned it's trademark claim
> prior to registration. Shame they didn't follow through and left it
> open to someone else to register.
>
> _______________________________________________
> NZLUG mailing list [email protected]
> http://www.linux.net.nz/cgi-bin/mailman/listinfo/nzlug
>

_______________________________________________
NZLUG mailing list [email protected]
http://www.linux.net.nz/cgi-bin/mailman/listinfo/nzlug