PART 3 (CHAPTER 3)

Question 1

Trademarks

Answer 1

sign that identifies and distinguishes your products or services from those of your competitors. Can be composed of logos (images, figurative marks), words, both (words and logo) and nonconventional- sound, colour, patterns, 3D shapes, multimedia, position (prada red line)

Question 2

Trademark requirements

Answer 2

• must be distinctive,
• cannot be composed of only words that describe the activity (car rental)
• cannot imitate or reproduce an already registered trademark for products and services identical or similar
• cannot be offensive

Question 3

Registration at INPI

Answer 3

• grants exclusive rights over trademarks, which are registered in reference to classes
• protection obtained through INPI is only valid within the Portuguese territory

Question 4

Patent

Answer 4

exclusive rights that one obtains over inventions

Question 5

How long is a trademark valid for?

Answer 5

10 years

Question 6

What happens if any of the requirements of a trademark is broken?

Answer 6

Competitors can cancel the trademark

Question 7

What happens if a trademark is confused for a general good (bic pens in regards to all pens)

Answer 7

It loses its distinctiveness, one of the requirements of a trademark.

Question 8

What happens if a trademark goes unused for 5 years?

Answer 8

The trademark can be cancelled and deregistered

Question 9

How can two trademarks be the exact same and still be valid?

Answer 9

If their registration classification are completely different

Question 10

Registration grants exclusive rights over the trademark however, trademark holders don’t have rights to…

Answer 10

prevent others from using identical marks in different industries of goods and services (unrelated products).