Is "Portugal" A Trademark?

[Skinny]

Just wondering. I was looking through the EU trademark registry bank and found this:

http://oami.europa.eu/CTMOnline/RequestManager/en_DetailCTM_NoReg

How can one person own a trademark of a country. I thought a countries name couldn't be trademarked.

Skinny

 

[Talkhost]

Don't think it is possible to trademark a country.

 

[YesBrilliant]

Don't think it is possible to trademark a country.

I agree.

However, if the owner can relate the name with a specific product or service, than maybe it is possible. Something like "Portugal Vinegar".

 

[circa1850]

If you are referring to this registrant, no.
-----------------------------------------
The Trade mark details PORTUGAL

Trade mark No: 005382452 Type of mark: Word
Filing date: 12/10/2006 Date of registration:
Nice Classification: 16, 25, 42 Status: Classification OK
Name of the owner: Luis Silva
Trade mark basis: CTM
-----------------------------------------
Most likely what has been trademarked is the logo and how the word Portugal is used by this individual or a company.

If I am wrong, then the Country of Portugal owes Luis Silva a boatload of money for violating his trademark. :lala:

Otherwise, you can look at it and say, "damn, you mean the Portugeuse forgot to register their own country?" and start a search for every nation in the world. That would be cool...kind of. You could own the country.

 

[vslevin]

I agree.

However, if the owner can relate the name with a specific product or service, than maybe it is possible. Something like "Portugal Vinegar".

Exactly. For example, American cannot be trademarked, but American Airlines can. You cannot enter the airline industry using the American name.

 

[DNQuest.com]

And you can't form a band and call it America either (or Asia, Europe)... Maybe Portugal is a band lol

So yeah, a country can be a TM depending on usage. Enforceable could be another story.

 

[Dave_Z]

However, if the owner can relate the name with a specific product or service, than maybe it is possible. Something like "Portugal Vinegar".

You don't drink "Canadian" beer? :D

 

[jhansen]

And you can't form a band and call it America either (or Asia, Europe)...

Oh really?

 

[iMODO Man]

Oh really?

I got the feeling that Phil was creating a paradox.

Sarcasm aside, you can pretty much create a service/trade/word mark for any name though this is dependant upon its intended use.

i.e. If you wanted to mark "Portugal" with its use as "country, european state, Portuguese Republic, located in southwestern Europe on the Iberian Peninsula, westernmost country of mainland Europe, nice port" then its likely you have little or no chance.

However, You wanna mark "portugal" as "custard colored pyjamas" as its use then youd probably stand a chance.

 

[Jeffrey]

There is even "Filipinos" (Philippines) in the database http://oami.europa.eu/CTMOnline/RequestManager/en_Result_NoReg

 

[DNQuest.com]

Oh really?

I think we are agreeing, so why the question mark?

Also, it is not a paradox, they all are TMs in hte music industry, so I am confused you tink it is a paradox. Try starting a band with any of teh 3 names and see how long you last before you get notice.

The really sad part is I used to love that song...think I still have the CD somewhere.

 

[circa1850]

There is even "Filipinos" (Philippines) in the database http://oami.europa.eu/CTMOnline/RequestManager/en_Result_NoReg

Oh, no. You just violated the TM rights owner simply by mentioning that word without the express written consent of the owner!

Just kidding...that's how absurd some of these TM owners can be. :lol:

 

[0lgi]

So does this mean , if i create a TM for a country and every new domain name containing that country name will be mine ???

Olgi

 

[DNQuest.com]

So does this mean , if i create a TM for a country and every new domain name containing that country name will be mine ???

Olgi

Nope... There is a difference between having a TM for a country and using a country name as a TM. It also depends on usage.

 

[TeRRa_X]

Just wanna say that Europe is a band and from Sweden

Cheers

 

[625domains]

There is even "Filipinos" (Philippines) in the database http://oami.europa.eu/CTMOnline/RequestManager/en_Result_NoReg

filipinos is a brand of chocolate donuts in Portugal and Spain

 

[hugegrowth]

You can trademark any name but it has to be tied to a product or service. Like Apple computers, I could start up Apple flooring or Apple restaurant, but I can't start up a computer company and call myself Apple computers now.

 

[Halobitt]

You can trademark any name but it has to be tied to a product or service. Like Apple computers, I could start up Apple flooring or Apple restaurant, but I can't start up a computer company and call myself Apple computers now.

Hence Apple Corps annoyance at Apple (Mac) entering the music arena.

 

[Jeffrey]

filipinos is a brand of chocolate donuts in Portugal and Spain

I hope they wont run after me when i register filipinos.asia

 

[Dave_Z]

I hope they wont run after me when i register filipinos.asia

They might if your site displays women with chocolates. :D