tag:blogger.com,1999:blog-6631405922607116203.post4517370865588069688..comments2024-03-27T09:23:57.618+00:00Comments on JIPLP: Paradoxes and intellectual property lawUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6631405922607116203.post-80416882498169529562013-06-01T20:00:12.108+01:002013-06-01T20:00:12.108+01:00Aspirin was mentioned as a typical example for mar...Aspirin was mentioned as a typical example for marks that, based on their own success as a product designator, have become generic over time. It should, however, be stated that the trade mark Aspirin® is going strong as a trade mark in many important countries around the world, including by far the majority of the EU countries, Canada, Russia, numerous countries in Latin America, and Israel. It has been found in many court decisions to be a famous trade mark that enjoys broad protection, and surveys have shown that it is the brand for the most trusted pain relief for many consumers around the world.<br /> <br />Moreover, the loss of trade mark protection of Aspirin – where that has been the case – has different historical reasons than the success of the product, coupled with the absence of a generic product name and the failure of the brand owner to protect it. Of course, there is and has always been the generic name <b>acetylsalicylic acid</b>. And in the early 20th Century, Aspirin enjoyed trade mark protection pretty much around the world. However, after WWI, on account of the Versailles Treaties, Bayer's trademark rights to the trademark Aspirin were confiscated in France, Great Britain, the U.S. and Canada. Trade mark rights to Aspirin were subsequently declared generic there, except in Canada. The Aspirin mark being found to have become "generic" in some other countries goes back to these historical facts – but, as mentioned, Aspirin is still a strongly protected trade mark in large parts of the world.Verena von Bomhardnoreply@blogger.com