Cupid’s Inspiration
Why would use of the registered Trade Mark can be contrary to law, particularly the law of passing off?
When you register a Trade Mark, The Patent Office publish the application in a specialised publication and contacts anyone with a similar Trade Mark for their opinion.
In principle anyone could register the Trade Mark “Dexys Midnight Runners” It would most likely pass the publication and objection test.
The real test of a Trade Mark happens when it is validity is challenged by interested parties. If it is struck out by the Patent Office and you have been passing yourself off as “Dexys Midnight Runners” or interfering with Dexys Midnight Runners income stream, it could be a very expensive mistake.