Comment by suspended_state

18 hours ago

So, for a product to be trademarked, it requires some form of success, IIRC. If you make and try to sell a product in good faith, but nobody wants to buy it, you have no case for a trademark. That's weird.

I could see the reason if there's no evidence of (constructive) work being done (so a clear indication of someone holding on the trademark, ie. squatting, IIRC).

Now, if I had a forward looking business spirit, I could perhaps conceive the idea on combining a hobby of mine with trademark squatting to masquerade it, so perhaps this isn't so strange after all.

> nobody wants to buy it, you have no case for a trademark. That's weird.

It may seem weird if you're thinking about it from the perspective of a business owner trying to protect their brand. That's why a business would want one. But it isn't why they exist. The legal basis of trademarks isn't brand or business protection, but consumer protection.

The point of a trademark is to protect consumers from being fooled or misled. If there are no consumers, then there's nobody to protect.