Use the fact situation in Q6 to answer the related question that follows. Assume that John Bigs has not secured the name and logo of the T-shirts by registration and that the other company registers the name and logo under the Trade-marks Act.In order to protect himself,John will
A)ask the court for an injunction.
B)sue for trademark infringement.
C)patent the name and logo.
D)bring proceedings to have the registration expunged.
E)sue for trade name infringement.

Question

Quizplus · Accepted Answer

Since the other company has registered the name and logo under the Trade-marks Act, John Bigs can bring proceedings to have the registration expunged. This would invalidate the registration and remove any legal ownership of the name and logo by the other company. However, John cannot patent the name and logo as patents are used to protect inventions, not names and logos. An injunction may be sought in addition to having the registration expunged, but it is not the best choice on its own. Suing for trademark infringement or trade name infringement would not be effective as the other company is now the legal owner of the name and logo.

Use the Fact Situation in Q6 to Answer the Related