Registering a commonplace name as a trademark
This is a question about an abstruse item of food, but goes to the
point of registering the name of a commonplace object as a trademark. An Australian company is claiming the word "Freekeh" as a trademark. It is starting to manufacture it with a government grant.. See http://www.greenwheatfreekeh.com.au/gwfabout.htm and associated links. Freekeh is a preparation of dried green wheat used in eastern Mediterranean lands. Many brands of freekeh exist and are imported into Australia. However the name frekeh is not fixed in the English of Australian cuisine, as are the words 'puffed wheat', 'bulgur' or 'couscous' for other products of wheat. Internationally, other users of the word freekeh don't acknowledge it as a trademark, for example on the web: http://www.gulf-news.com/Articles/pe...ticleID=109426 and in print "A cook’s guide to grains" by Jenni Muir. What kind of preemptive challenge can be made to the successful registration of a commonplace name? Or do you just have to wait for a letter from the company's solicitors? |
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