| Comment | Kind of, but kind of not. Sugo don’t have to as there was no easily confusable competition on the market, and they don’t trade at a national level. Therefore there was no reason to push for the trademark.
Sugo also doesn’t trade at the national level, but clearly they aspire to, meaning that there now is an easily confusable competitor on the market.
However in this instance the onus would be for the new product to select a name that can be enforced at the national level, not for the company to decide to go national and take on all competitors.
Fundamentally this is the difficulty with using commonplace terms in your trademark. You will often find it hard to establish yourself outside the local market.
**TL;DR. Not ever company is entitled to do this, Sugo MCR had no reason to do it, Sugo Glasgow are being predatory. ** |
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