In some cases the word becomes extensively used that it is used to describe all similar products even the rival competitors. An example would be the word Kleenex has become a household name even to point to all tissue papers. This is a classic example of trademark dilution. When trademark dilution happens it becomes almost impossible to point to any of the parties for its dilution. It happens owing to the largely popular trademark. The rules governing trademarks have changed and have been amended a number of times. At the times of registering it is better to register with the federal government, the registration with the US federal government trumps all state governed registration. There should be reasonable efforts made by the people registering for the trademark to ensure that their names are not used locally. The names that have been registered must be periodically updated say every 6 months by a new company, this can be done up till 2 years. The laws governing a trademark can be intricate and tricky. The “Trademark Electronic Application System” is the agency that deals with trademark copyrights. Here the client can bring on a case saying that the trademark word is very much diluted. Similar to these restaurants there are others like Park N Eat and more. In this context the client might have a case if they argue that these forms of words refer to restaurants in general.
QE is a prior user of the trademark (since the 1950’s) and the Burger Joint states that it had the trademark registered in 1970’s and was using it under the common law from the 1940’s. However the common law argument states that trademark rights that are for particular territories will be based on the priority of the usage of the mark. If this is the case then the priority of usage rights lies again with the burger joint. However the year is contestable here, QE states that it had the trademark in use to serve people returning from the world war-II which would have been around 1945-1946; however the Burger Joint states that its trademark was in use since the late 1940’s. Depending on who used it first, they could block the other from using it indefinitely.