Flashcards in DL Trademark Deck (18)
What is the trademark ?
is basically a sign that is used to distinguish the goods or services offered by one undertaking from those offered by another.
What sort of characteristics should a trademark have?
There are basically two main characteristics for a trademark: it must be distinctive and it should not be deceptive.
What is the formal definition of trademark?
“A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors”
A trademark may consist of words, designs, letters, numerals or packaging, slogans, devices, symbols, etc.
Can you give me an example of how a trademark is distinctive?
To be distinctive it must by its very nature be able to distinguish goods and services. E.g: Apple is a very distinctive trademark for a computer, because it has absolutely nothing to do with computers, it would not be distinctive for actual apples. In other words, someone who grows and sells them could not register the word ‘apple’ as a trademark and protect it, because his competitors have to be able to use the word to describe their own goods. So in general terms a trademark is not distinctive if it is descriptive. It is descriptive if it describes the nature or identity of the goods or services for which it is used. But a trademark can also be deceptive, namely when it claims a quality for the goods that they do not have.
Could you give me an example of a trademark that might possibly be deceptive?
Typically a deceptive trademark would be one that says that the goods for which it is used have certain qualities when they don’t. An example would be the trademark “Real Leather” for goods that are not made of genuine leather. One of the key points raised was that when assessing the distinctiveness of a sign for a TM it has to be judged together with the goods or services it is to be associated with.
What TM required to gain the protection?
- sufficient distinctiveness
-acquired a reputation in the market
what is the collective marks?
usually belong to a group or association of enterprises. Theur use is reserved to the member of the group or association.
What is the function of the collective marks ?
is to inform the public about certain particular features of the product for which the collective mark is used. e.g association of engineers.
What certificate marks is indicating?
that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of the origin, mode of manufacture of goods, quality or other characteristics. The certificate mark may only be used in accordance with the defined standards. e.g ISO 9000
What is the difference between collective and certification marks?
is that the former may be used only by particular enterprises, e.g members of the association which owns the collective mark, while the latter may be used by anybody who meets the defined standards.
or another word famous marks e.g Apple, Versace, Louis Vuitton.
Counterfeiting Well-know marks?
- misleading consumers
- would create a confusion with the well-known ones
Can you secure worldwide protection for a trademark with a single registration, or do you have to go to each country
you need to go to each country separately. trademarks are territorial rights, protection is obtained by national registration.
what is customs territories?
there are certain territories that are not recognized as States and cannot for instance, become members of the UN. but there is a certain administrative structure in those territories and the registration of trademarks may be possible. e.g Hong Kong which has a trademark registration system different from that of the China. So if I want to protect trademark in Hong Kong, I need to go through their office.
The Trademark Law Treaty - was adopted in 1994. and sets out the information nationals of one Member State must supply.
is a sign that individualizes the goods or services of a given enterprise and distinguishes them its competitors.
Can we register the word "Vegetable" ?
Generally speaking, trademarks should be distinctive and should neither be generic nor merely descriptive of the goods or services they represent. For example, the word “vegetable” cannot be registered as a trademark of a supermarket, since it is certainly descriptive of items which a supermarket sells. In addition, it cannot be registered as a trademark for carrots, since it is a generic term for carrots. On the other hand, the word “vegetable” might well serve as a trademark for bicycles since it has little or nothing to do with bicycles.