Brian Wimpey – Trade Marks Director at IP law firm DM Kisch Inc

Published in March issue of AdVantage Magazine

A failure to determine whether a brand is likely to conflict with somebody else’s prior rights can lead to a messy lawsuit with expensive consequences. Likewise, failing to secure rights in a brand by way of a trade mark registration can lead to an equally messy conclusion. And underpinning both of these admonitions – choose a registrable trade mark, not one that can be attacked for being descriptive! One only has to bear in mind the failure by the National Lotteries Board to enforce their rights in the word LOTTO to understand the danger of choosing an unenforceable trade mark