Comment by eqvinox

Comment by eqvinox 4 days ago

2 replies

Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law.

(I don't know that law, I have no clue about Paraguay's legal system, but most trademark systems have something that allows a prior/established user to kill "aggressive" trademarks. But Disney is not an established grocery store, that's the crux of this.)

sombragris 4 days ago

> Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law.

That's indeed the case, imho.

ghaff 4 days ago

My experience when involved in product naming was that lawyers tend to very conservative about such things but, yes, in theory if you're clearly an unrelated category you can reuse an existing trademark. Historically, the purpose of trademark was essentially consumer protection to avoid confusion about who made something. It's actually quite different from copyright in that regard.