Quote:
Originally Posted by Saul Goode
No, you couldn't register two active corporations with the same name - the Registry system wouldn't allow it. But in practical terms, it's really a matter solely between the individuals or corporations who want to use the name - the Registry is a passive entity which doesn't really get involved. It has no real enforcement function.
But registration is meaningless to those who don't care about it anyway (kind of like firearms in that way). It's not as if it's policed. There's really nothing to stop anyone who wants to operate a business under any name they choose until someone else calls them on it and takes legal action. And even then, there's nothing stopping it from happening again (and again and again). It's essentially a free-for-all, a game of legal Whac-A-Mole.
Enforcement is really only successfully carried out by companies which are very vigilant about use of their names and brands and have the legal muscle to do something about it.
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That's really interesting and kind of surprising that, in this day and age, with all the software and online options available to us, that a simple national database can't be kept to protect trademarks such as this. It's also kinda pathetic that it's up to the real owner to police this sort of activity and then spend money to defend themselves from a perpetrator using (and damaging the reputation of) a name that is rightfully theirs.
I suppose it's a just another case where I assumed there were more controls in place than actually exists. The more I learn, the less confidence I have in 'the system'...
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