Someone just registered a trademark on the word "Mama"
UK00003645697
Status: Registered
Mark type: Word
Mark text: Mama
File date: 23 May 2021
Classes: 42
What does it mean for digital sellers, on Etsy for example? Can we sell things that use the word "Mama"? Can we use it in tags?
Trademarks apply only to a limited field. If you follow the link, it reports that it applies to class 42, graphic art design.
So you are free to use (and register "mama" for your food delivery service, for example.
Because, at the least, your use pre-dates the trademark.
Exactly this came up in Burger King (of Florida) v. Hoots, and it resulted not only in the predecessor keeping their name, but having market exclusivity in their area. (they were trying for "all of Illinois" but the judge decided it was not realistic to think people would drive 50 miles to eat at a burger stand. Clearly, the judge had never heard of In-n-Out.)
This was also a thorn in the side of Apple Computer. You see, the Beatles' in-house record label is called Apple Corps. This was when Apple was tiny and the Beatles could have squashed them like a bug. But a very reasonable "peaceful coexistence" was reached... where Apple would stay out of music and the Beatles would stay out of computers.
That got messier and messier as computers got better and got tone generators (for gaming, largely), able to interact with MIDI, gained the ability to sample sounds and replay samples (many older Mac users are familiar with a chime called "Sosumi" (read it phonetically LOL). And of course, the iPod and the iTunes Music Store were right over the top. It's been complicated.
googlemail.com) in Germany. G-Mail had planned to get into digital document management services, which is why they registered their mark for electronic mail as well. They never used it, though, so a couple of years ago, Google Mail was rebranded as Gmail in Germany.
Commented
Nov 25, 2021 at 7:21
First of all, trademarks are specific to a country. The mark refereed to in the question was registered in the UK, It has no effect in the US, Canada, Europe, or anywhere outside the UK.
Secondly, trademarks are normally restricted by category (except for "famous" marks). This mark was registered in class 43, graphic arts design. So any use outside tht category would not be in fringing.
Thirdly, this mark was registered on 12 November 2021. One who can prove continuing use in trade prior to that date may be able to claim exemption, even if the use is in the UK and in class 42.
Fourthly, if the tr4adfemark seems to be invalid under UK law, ther are procedures to challange it. But these are available only for a limited time after registration.
Fifthly, if the applicant does not use the mark, it can be canceled after a number of years.
Sixthly, the mark is protected only if it is used as a brand name or designation of source, or in such a way that i reasonably implies thstm the product or service is sponsored by or approved by the owner of the trademark. Other uses are not infringing.
I found the word "MAMA" was registered as early as 1984-12-11. Here is the trademark detail. It was registered under "staple foods" category. We've been calling our mama without infringing it for years just fine :)
Almost all common English words are trademarks now. But we're just using "fair use" of them in our everyday lives.
