Ghost Marks

June 24, 2009
Intellectual Property News and Interesting Facts

Ghost marks are trademarks which closely simulate ordinary words or phrases used in the course of trade, and which are not intended to be used as genuine trademarks.

In the case of Imperial Group v. Philip Morris 1982, the plaintiff endeavored to register the trade mark “MERIT” for cigarette products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark “NERIT”, without any intention of using the mark, but in order to prevent other traders from using the mark “MERIT” because it would be considered too similar to the registered mark “NERIT”.

The intention was to obtain a de facto monopoly over the unregisterable mark “MERIT”.

The defendant began using the mark “MERIT” for cigarettes and was sued by the plaintiff for infringing its mark “NERIT”.

The court struck down the registration for “NERIT” on the basis that the plaintiff had no genuine intention to use the mark (despite some “trivial and insubstantial” efforts at launching a NERIT-branded product).

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