Is a trademark valid from the date of filing or the date of registration?

Brands tend to evolve and undergo numerous changes over time. Many companies have changed their names to cater to a larger audience, either by altering their original logos for a more modern look or abandoning controversial words in their slogans. As the company expands beyond its planned offerings of goods and services or decides to take a different direction altogether, usually what follows are certain changes or even complete rebranding. A common question is then: can trademarks change over time? Well, it depends.

Bad Faith trademark filings worldwide have increased significantly over the past years. And while the problem persists, the trademark lawyers still struggle to define consistent minimum acceptable standards for dealing with bad faith trademark applications. Resolution of the ongoing dispute between Lidl and Tesco could have significant implications for future rulings concerning bad faith trademark registrations.

Taking a creative spin on an already established and renown brand may seem as a good strategy for devising a name for a startup company but it may backfire. This article summarises one of the contemporary cases in this area, revealing that Airbnb’s trademark protects the company against unexpected threats.