Rolex tries to grab rights over the term "milsub" but fails

[Haywood_Milton]

I'm not a great fan of the abbreviation, but the attempted "land-grab" is interesting :

https://www.thefashionlaw.com/tradem...use-of-milsub/

Gratuitous image of one of my milsubs :

[1William]

Good looking watch.

[Avs Fan]

Somewhat surprising Rolex wasn't "ahead" of this. Seems they usually find a way to protect potential trademarks. The fact Milsub was never officially used was the key.

[sleddog]

Interesting, enjoyed the article.
Now if only I could find (afford), the aforementioned example for myself.
Thanks for posting..

[Dr.Smellody]

Fascinating. Thank you for sharing!

[Dom9]

Is this because they have used "Milsub" in the new Tudor FXD launch, so they were looking to protect it?

[linesiders]

Rolex USA can be such wankers.

Gratuitous image of Le Milsub

[TuRo]

Pepsi Co., Marvel and Steve McQueen's estate will be relieved :-)

[brandrea]

Originally Posted by sleddog

Interesting, enjoyed the article.
Now if only I could find (afford), the aforementioned example for myself.
Thanks for posting..

X 2

[77T]

Thanks for posting the link to the article. This saga started in 2019 to cancel another watchmaker’s legitimate use of MILSUB on their product.

What I don’t like about USPTO’s denial is the poor basis - it actually has a knock-on effect that encourages ridiculous and frivolous trademark registrations to “protect” IP that Rolex’s Marketing wants to maybe use.

The Rolex bid to cancel Mark Kiger’s earlier registration of MILSUB on their watches was specious from the start. They never used the art, nor intended to use it. Now I sense Pepsi GMT, Coke GMT, Root Beer GMT, Platona, Hulk, Bluesy and more will get TM’d by Rolex.

Just because the media and watch enthusiasts have referred to some Rolex models as such, and that their website will return search criteria to a certain model, really fails to establish sufficient rights.

Soooo…I foresee Rolex supporting a Section 2(d) footing under the Trademark Act by actually using the terms in commerce.


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[brandrea]

Originally Posted by 77T

… Now I sense Pepsi GMT, Coke GMT, Root Beer GMT, Platona, Hulk, Bluesy and more will get TM’d by Rolex..

[Haywood_Milton]

The findings of the US Court contain extensive and interesting content, not least revealing the extent of monitoring that Rolex or their agents undertake but also references to many individuals and companies familiar to this community, and apparent confirmation of "the milsub story" as we know it. I also see "recycled" information that many of us would now consider should be updated / corrected :

https://ttabvue.uspto.gov/ttabvue/v?...pty=CAN&eno=57

H

[TuRo]

Cheers HM - Quite a 39 page read.

My take on it - I suspect had a term been coined by the fans/tifosi and adopted in the plaintiffs PR and mktg BEFORE item was out of production.... plaintiff would stand good chance of winning.