[ca245]

ca245, that leniency would make sense, except then why bother having a bunch of govt employees do nothing but review trademark applications all day. Just stamp them and let the market and courts decide.

First Amendment issues aside, some level of review is still needed. For example, you couldn't have two "FORD" marks for autos or marks likely to cause confusion with consumers, such as "iMak"for computers. Someone has to check. To automatically approve all applications and let it be decided in the courts would be expensive and time-consuming, a waste of judicial resources. Better to have most such applications nipped in the bud, imperfect as the PTO examination process is.
And not all competitors have the resources for expensive litigation. The SF Chronicle had a couple of articles on a bakery that trademarked "MOCHI MUFFIN," a muffin like confection made with mochi dough instead of muffin dough that is popular in the Bay Area. This mark probably should not have been allowed, as being merely descriptive of the goods, as in "RUBBER BALL." Having obtained the mark, the bakery proceeded to bludgeon its competitors -- mostly mom and pop bakeries -- with threats of lawsuits. Unable to afford expensive litigation, the competitors mostly caved.

[ca245]

ca245, that leniency would make sense, except then why bother having a bunch of govt employees do nothing but review trademark applications all day. Just stamp them and let the market and courts decide.

First Amendment issues aside, some level of review is still needed. For example, you couldn't have two "FORD" marks for autos or marks likely to cause confusion with consumers, such as "iMak"for computers. Someone has to check. To automatically approve all applications and let it be decided in the courts would be expensive and time-consuming, a waste of judicial resources. Better to have most such applications nipped in the bud, imperfect as the PTO examination process is.
And not all competitors have the resources for expensive litigation. The SF Chronicle had a couple of articles on a bakery that trademarked "MOCHI MUFFIN," a muffin like confection made with mochi dough instead of muffin dough that is popular in the Bay Area. This mark probably should not have been allowed, as being merely descriptive of the goods, as in "RUBBER BALL." Having obtained the mark, the bakery proceeded to bludgeon its competitors -- mostly mom and pop bakeries -- with threats of lawsuits. Unable to afford expensive litigation, the competitors mostly caved.