Mr. Joynt is confusing the issue. I do not know English trademark law but registration is not required to enforce a trademark in the US although there are benefits to registration. The standard is "liklihood of confusion" and he will likely lose should the trademark and overlapping state unfair competion laws be enforced.
A tip though- you can grab a name if it is not being currently used in commerce.
Joe
- "Hetchins" and "Gillot" bikes by Mark Joynt of Omega. Kent, England. This relatively young guy claimed vociferously that he made a search and found no legal registration of these marques in the UK and they subsequently have taken all the legal steps to properly acquire them. This is bad news for ensuring protection of the lineage of Hetchins. The frames on display were called Magnum Opus models and were very close copies of the older 1960s lug design.. Newer versions have differed from these old styles but Joynt had replicated the old style quite nicely. Other details were a bit off though.. Now it will be interesting if the Hetchins Company as we have known it to date (David Miller, etc.) can successfully pursue this challenge and "save" their claim to the brand.