The law is similar in the UK - in that you can have registered and unregistered trademarks - though the downside of not registering is that anyone can come along time after time if they really wanted to and use your TM, and each time the onus would be on you to pursue a claim and to prove to the courts that someone else was applying your trademark to outwardly "similar" goods.... Registration gives you statutory rights......and far superior protection.
Interesting though that from a quick check, neither of the names Hetchins or
Gillot appear to be registered trademarks in the UK - so just what is the
true story....... or are both Mark Joynt and David Miller claiming ownership
of an "unregistered" Hetchins trademark ? Sadly this is going to end up
another squabble to denigrate the marque even further. Just how many "real"
Hetchins are there going to have been now ? I'm sorry if this offends, but a
trademark, a fancy lugged frame and a set of replica transfers does not a
Hetchins make.....but that's another argument.
> A tip though- you can grab a name if it is not being currently used in
> commerce.
Not in the UK if it's already a registered trademark you can't..........wether in use or not.
Oh and Dale - the last person to say that some part of a Colnago - specifically the carbon forks - were not made 'in-house', on a public forum (cycling weekly in this case) , was forced to print a single page apology to Ernesto........and to withdraw the allegation.
Bob (sadly not the owner of UK TM No.1399610 valid until 20/09/2006) Reid
Stonehaven
Scotland.