Florian Klaempfl wrote:
There is no need to register a trademark if you can prove otherwise
(publications etc.) that you use this trademark.
Florian,
True.
You can run for many years without any legal protection with a given name.
But if somebody comes along tomorow and registers your name as a
trademark, you are going to have one expensive legal battle on your
hands to get your name back.
In the meantime, you can be issued with a "cease trading" order from a
local court. Then you may have to wait up to 12 months to get your day
in court.
Then when you finally get into court, you may need to find up to $4000
per day in court to defend your use of the name....
It's just so stressful...... Why would anybody want to go through that
? When the costs of doing the proper registrations are just so low....
A trademark in Australia costs about $220 or 150 euro and can be
defended in the United States. Just pick a new name.
I understand your position, but you must be prepared to understand the
position of people in other countries also.
We are trying to have a sensible international discussion here. It isn't
just about what you can and can't do in Germany. Other countries are
involved also.
Why knowingly proceed ahead if you know you will be breaking the Law in
the United States ? I just can't see the sense in it.
Regards
David
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