Okay, here I go, this question involves the use and trademark
registration of the word "Nationals" when connected with a sporting
event.
The sport concerned has had 36 "National" events over the past 36
years but I have recently been told an individual has apparently
trademarked the word "Nationals" in connection with this particular
sport.
I have a bad feeling he is likely to hold the community over a barrel
at some stage in the future so I would like to know where the
community stands as far as the use of the term "Nationals" if in fact
it has been registered by an individual? |
Request for Question Clarification by
pafalafa-ga
on
25 Aug 2004 18:32 PDT
shoedoos-ga,
It would be helpful to have more information on your situation, in
order to provide you the clearest possible answer.
In particular, what country are you asking about (US trademark law,
UK, elsewhere?). Also, it would help to know what sport you're asking
about.
As a rule of thumb, however, the "ownership" of a word like
"Nationals" has an awful lot to do with the history of its use, and
the association in the minds of the public with a particular use.
Mere registration of a trademark for the term "Nationals" would
probably not usurp any well-established existing uses, just as Apple's
trademark of the term apple for its machines does not inhibit
apple-growers from using the term as well.
Let us have a bit more information about your question, and perhaps we
can get you a more definitive answer.
Thanks.
pafalafa-ga
|
Clarification of Question by
shoedoos-ga
on
25 Aug 2004 19:30 PDT
I'm in New Zealand, the sport is drag racing, the sport's governing
body has promoted a New Zealand Nationals event annually for the last
36 years but we have been told an outside party has recently
registered the term Nationals.
If this has happened, what are the repercussions?
|
Clarification of Question by
shoedoos-ga
on
25 Aug 2004 19:33 PDT
Also, does the governing body have any right to control the use of the
term "Nationals" in connection with the sport?
|
Request for Question Clarification by
pafalafa-ga
on
25 Aug 2004 20:02 PDT
I ran a search of NZ trademarks, and did not find any for the word
"Nationals" that was associated with any sort of racing. The closest
I came was NASCAR trademarks, which contains the words "national" and
"racing":
NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC.
If you're concerned, you should probably go ahead and file a mark for
the New Zealand Nationals and see if it is accepted.
I'm not sure how else I can assist you at this point. Do you want to
search the trademark database yourself to see what's registered? Do
you want introductory information on registering trademarks in NZ?
Let me know how I can best be of service, and I'll see what I can do.
Thanks.
pafalafa-ga
|
Clarification of Question by
shoedoos-ga
on
25 Aug 2004 20:25 PDT
I am yet to do a search myself (will do so after I have written this),
however, if I do find it has been registered do you think the local
governing body has any right to control the use of the term
"Nationals" in connection with the sport?
|
Clarification of Question by
shoedoos-ga
on
25 Aug 2004 20:57 PDT
I have done the search at http://www.iponz.govt.nz and the name has
been registered so my aforementioned question does have some relevancy
now.....
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Request for Question Clarification by
pafalafa-ga
on
26 Aug 2004 04:58 PDT
That's odd! My search did not show it as a registered term. What is
the actual trademark number that you found?
|
Clarification of Question by
shoedoos-ga
on
26 Aug 2004 13:52 PDT
651247 and 651248
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Request for Question Clarification by
pafalafa-ga
on
26 Aug 2004 19:16 PDT
Those numbers both refer to a very specific mark -- 4&Nationals.
Is this the phrase you want to use? If so, I imagine you'll have to
get the permission of the trademark holder to use the phrase or the
image associated with it.
However, having a trademark for 4&Nationals probably has no bearing on
the general use of the term "Nationals", though it would probably take
the opinion of a legal professional in NZ who is familiar with
trademark law to be on solid footing here.
I'll be glad to help you further here, if I can, but I really need to
know precisely what phrase and/or image you want to use.
Thanks.
pafalafa-ga
|
Clarification of Question by
shoedoos-ga
on
26 Aug 2004 19:45 PDT
Obviously if he has a Nationals and another group of people also hold
a Nationals ....there is going to be a dilution of the importance of
the Nationals.
The New Zealand Nationals has been running for 36 years with no
attempt at registering the name. Now there is an alternative Nationals
event (2 years old) so I need to clarify if at some stage the term
could be legally "taken away" from the historical owner of such an
event?
Also, as this trademark is actually for "4& Nationals" and not the
individual term "Nationals" will this affect any line of thought?
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Request for Question Clarification by
pafalafa-ga
on
26 Aug 2004 20:02 PDT
According to this Google search:
://www.google.com/search?sourceid=navclient&ie=UTF-8&q=%28race+OR+racing%29+nationals+site%3Anz
the word "Nationals" appears more than 9,000 on NZ websites times in
conjunction with racing events of one sort or another. Given its
general usage, I rather doubt that anyone racing organization can
claim "Nationals" as its own, though they certainly can register (and
protect) a more specific trademark such as 4&Nationals.
Beyond that, I'm not sure what additional information I can
provide,since I am not a legal expert on this matter.
Good luck in your ventures.
pafalafa-ga
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