kevinelliott
lvl.4
Flight distance : 354131 ft
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That is a fun theory, but there's one problem. Mavic in France is a brand/company name, while DJI is using Mavic as a product name. Additionally, they are technically in very different markets. Intellectual property entities, such as the USPTO (United States Patent and Trademark Office), define a trademark as something unique to a business in specific categories.
That allows other businesses to register trademarks with the same name for different categories. For example, Mavic can be a registered trademark for "bicycle supplies" while Mavic can be a registered trademark for "flying devices" -- the actual categories would need to be researched though.
I have a registered trademark for the words "WeLike" and "We Like" (https://trademarks.justia.com/865/10/welike-86510470.html). You can see that I have very specific categories in which this trademark is registered for.
In general, the idea is that if the public will be blatantly confused, a second trademark with the same name by another company will not be granted. For example, USPTO would not grant the ability to for another company to use the trademark "WeLike" for the purposes of "recommendation software" since I own that trademark for that purpose. However, they would grant it to a company who wants "WeLike" for a category like "type of cereal" or "clothing brand" since they are nothing like my categories.
As for company names, you can have any name you want as long as it does not inherently violate a trademark that exists in the same categories. For example, you could probably get a California Corporation called "DJI Balloons Corp" without any issues, since you sell balloons and no one would get confused.
Now if Mavic in France also made accessories for airplanes or drones or similar things, then yes, there could very well be an issue.
--- UPDATE:
I have done a little research.
MAVIC SAS in France has a trademark filed with OHIM in Europe for MAVIC. You can see it here.
DJI has a trademark application file with USPTO for MAVIC. You can see it here.
Mavic in France's has been in use and approved for many years. It is extended out until 2026.
DJI's application just went in 2 months ago. It's still in "new status" and hasn't yet been vetted and approved by a trademark attorney internal to the USPTO.
Most importantly, there IS SOME OVERLAP in their trademarks. Specifically for this category:
Mavic in France:
9 Scientific apparatus and instruments, revolution counters, meters, mileage recorders for vehicles.
DJI:
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
These are the same international categories, and thus, they both want the same trademark for the same purpose (essentially).
This is now, without a doubt (to me), the very reason they are not shipping. |
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