Comment by kube-system
2 days ago
Yep. And if someone uses OPs mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services, then they have the right to sue them.
I don't think that's happened though.
But you don't get those protections or ability to sue if your trademark gets rejected, which is the problem here.
I don't know about the EU, but in the US a registered mark only gives you the presumption that's valid. But those presumptions can be challenged in court.
Of course, if you can't prove to the examiners that you even have a right to the mark, you're probably gonna have one snowball's chance in hell of a time proving that someone else's use of it is invalid in court.