Trademark battlefield

VBTMastheadBack to the USA. Actually, back to Vietnam. The non-profit organization Vietnam Battlefield Tours has taken Military Historical Tours Inc. into court because of the use of the name Vietnam Battlefield Tours. Both companies offer tours to Vietnam to visit, obviously, the battlefields. The consumer in both cases are the veterans and this creates confusion, according to the non-profit organization.

Battlefield Vietnam Tour basis its claim on their U.S. trademark. They won already an opposition against an identical trademark by the counter party but despite this decision is the use continues. Although opposition procedures provide a lot of benefits, the only disadvantage (for the Opponent) is that no decision is taken on the use. In most cases the defendant will abandon its trademark, but too bad when this does not happen.

It is, for a foreigner, interesting to see that a, at least in our view, rather descriptive trademark, can be registered as a trademark in the US. But maybe we are just used to deal with the severe policy of the Benelux Trademarks Office and sharpened policy of the OHIM.

Source: Bloomberg

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