kevinelliott
lvl.4
Flight distance : 354131 ft
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The idea is that once the opposition period is over and no one has filed an opposition, then the trademark can be awarded after a final trademark attorney review.
But, for the trademark on "MAVIC" by DJI in the EU, the opposition period ends on Nov 23rd, 2016, and then the trademark attorney will review everything. But will stumble on the existing trademark for "MAVIC" by MAVIC SAS.
https://euipo.europa.eu/eSearch/#details/trademarks/005163721
The issue is that the trademark (a word mark "MAVIC") is the same and has an overlap in categories. If you will notice they both specify categories 9 and 12.
This is invalid, and two trademarks for the same category CAN NOT exist in the EUIPO nor the USPTO.
Does it mean they won't sell/ship anymore? No. I think they will ship. But shipping before having the right to use the Mavic trademark will mean that MAVIC SAS can sue them in the EU (and anywhere else their EU trademark is upheld, or that they are registered).
Therefore, I believe the delay we are seeing is actually DJI negotiating with MAVIC SAS privately about licensing the trademark ... then they can share the name.
If they can't come to an agreement, then DJI will have to stop using the name. OR, they will have to trademark the name under different categories that do not overlap with MAVIC SAS' categories, and hope that they are unable to successfully sue.
This might not be the main reason DJI isn't shipping right now, but I suspect this will be an issue if it isn't already. |
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