TRADEMARK

Question 1

what principles are relevant for trademark

Answer 1

• national treatment
• independence
• terrirotislity
• most favoured nation

Question 2

what does trademark protect

Answer 2

article 15(1) logo, slogans

Question 3

what international treaties apply

Answer 3

• Paris convention
• Madrid protocol
• TRIPS
• Marrakesh

Question 4

what is the function of a trademark

Answer 4

macro scale - market transparency
1. honest commercial practices (logo=promise)
2. consumer protection
3. functioning market

micro scale - business strategy
1. origin function
2. quality function
3. communication function

Question 5

what are individual and collective marks

Answer 5

individual - individual enterprise (business)

collective - association like a union

certification marks - control institution

Question 6

what does article 15 of trips state the requirements for protection are

Answer 6

distinctiveness

Question 7

what is meant by protection automatism

Answer 7

every trademark is accepted in countries of the union except ;
- infringement of prior rights
- non-distinctive, descriptive generic
- public order

Question 8

what did the EU trade mark directive clarify on defining trademarks

Answer 8

1. must be distinctive
2. cannot be descriptive

Question 9

how can you acquire trademark rights

Answer 9

1. by use
2. by registration

first come first served fro both

Question 10

what are the features of the acquisition of rights by use system

Answer 10

1. first user gets rights
2. no formalities
3. no transparency

Question 11

what are the features of acquiring rights by registering

Answer 11

1. first applicant gets rights
2. registration formalities
3. transparent

Question 12

what are the downsides of the use system

Answer 12

no transparency, priority cannot be determined, uncertainty before launching a product

Question 13

what is the right of priority in article 4 PC

Answer 13

if you file for registration in one country, you have 6 months to file in other union countries.

Question 14

what signs can be denied registration

Answer 14

Article 6 Paris convention
- descriptive signs consisting exclusively of signs indicating the
- kind, quality, quantity
- value and intended purpose
- place of origin
- other characteristics
eg. deceptive signs and ones that are against morality or public order.

of the goods or services

Question 15

which signs may not be registered or used as trademarks

Answer 15

• emblems of states or intergovernmental organisations

Question 16

what is trademark term of protection

Answer 16

10 year butttt indefientyl renewable.

Question 17

what are the problems with national route for registration

Answer 17

1. file in lotsss of offices
2. many languages
3. lots of fees
4. lots of renewals

Question 18

what is the Madrid system

Answer 18

essentially extension of protection in one member of the union to other members
one international registration leading to a bundle of rights in designated members

Question 19

what is the overview of the Madrid procedure

Answer 19

1. office of origin
2. international bureau - formal examination
3. office of designated contracting party - substantial examination - within 12-18+ months

if accepted then it has the effect of a national registration

Question 20

what are the advantages of the Madrid system

Answer 20

• one international registration
• has the effect of a bundle of national registrations
• efficient management
• flexibility
• cost savings

Question 21

what is a well known mark

Answer 21

trademark that because of widespread reputation or recognition may enjoy broader protection then an ordinary mark.

Question 22

how do you obtain a well known trademark

Answer 22

Obtaining the status of a well-known trademark requires proving widespread recognition of your trademark among the general public, preferably on a global level. The process involves presenting substantial evidence of the mark’s reputation, considering factors such as the extent and duration of use, promotion, registrations, successful enforcement of intellectual property rights, and commercial value associated with the mark.

Question 23

what does protection against confusion mean

Answer 23

Article 16(1) - the registration of a trademark gives the owner exclusive rights to use the trademark in the market for the goods or services it is registered under.

safeguarding consumers and the general public from being misled or confused about the origin, sponsorship, or affiliation of goods or services.

Question 24

what does protection against dilution mean

Answer 24

refers to safeguarding a trademark from uses that may weaken its distinctiveness, reputation, or value, even when there is no direct competition or likelihood of confusion

FOR WELL KNOWN MARKS

Question 25

what's the outcome of pacogi vs Lacoste

Answer 25

aural - cant hear it visual - no conceptual - croco is an abbreviation of crocodile

Question 26

what is an identical sign and what is the protection offered

Answer 26

Definition: Identical signs are those that are the same in every aspect when compared to the registered trademark. This encompasses all characteristics of the mark, including but not limited to its visual appearance, phonetic sound, and meaning. Protection Scope: The protection against the use of identical signs is straightforward—the use of an exact replica of a trademark for the same goods or services for which the trademark is registered is generally prohibited without the trademark owner's permission. This is to prevent direct copying and ensure that consumers are not misled into thinking that they are buying a product or service from the trademark owner when they are not.

Question 27

what is a similar sign and what is the protection offered

Answer 27

efinition: Similar signs are those that are not exactly the same as the registered trademark but bear a resemblance to it in a way that may cause confusion or association in the mind of the public. The assessment of similarity involves a comparison of the visual, aural, and conceptual elements of the marks to determine if there is a likelihood of confusion regarding the source of goods or services. Protection Scope: The protection against similar signs is more nuanced and requires a detailed assessment of the likelihood of confusion among the relevant public. This includes considering factors such as the similarity of the goods or services, the degree of similarity between the marks, and the distinctiveness of the original trademark. If the use of a similar sign is likely to cause confusion about the source, sponsorship, or affiliation of goods or services, it may be deemed infringing.

Question 28

what are the different types of dilution

Answer 28

blurring - loss of distinctiveness tarnishing. - the association of a trademark with products or services of inferior quality or with unwholesome or unsavory contexts.

Question 29

in determining whether a trademark is well know members shall take unto account what?

Answer 29

ARTICLE 16(2) TRIPS - the knowledge of the trademark in the relevant sector of the public.

Question 30

what does the relevant sectors of the public include when determine a well known mark

Answer 30

actual and potential customers persons involved in channels of distribution business circles dealing with the type of goods or services to which the mark applies

Question 31

what are the different phrases that are used to describe well known marks

Answer 31

well known marks = international famous marks - US EU - as having reputation

Question 32

In the EU how does a well known mark become established

Answer 32

if significant part of the public concerned by the products of services covered by the trademark

Question 33

what are the criticisms of well known marks

Answer 33

1. broad protection can limit the ability for artists to use it. limiting creative expression. 2. the idea of parody or satire could be hugely limited by fear of being too similar. 3. limits new entrants pf markets - limiting creative expression and innoavation

Question 34

what are the positives of well know marks and th amount of protection they give

Answer 34

1. necessary to preserve the value of these marks and to protect consumers from confusion or deception. 2. encourages investment in brand image making a broader range of distinctive products

Question 35

what was the outcome of the loreal v bellure case

Answer 35

they decided that trademark owners do have the right ti be protected against those that ride on the coat tails of their brand image.

Question 36

case; dog toy imitating a LV bag. does this dog toy infringe LV trademark rights within the meaning of article 10 of the EU trademark directive by marketing its Dog toy

Answer 36

commercial parody free riding on the coattails of LV

Question 37

does the dog toy case demonstrate a likelihood of confusion

Answer 37

obvious parody so no

Question 38

does the dog toy case cause trademark dilution

Answer 38

question of would the distinctiveness of the trademark be likely to be impaired by the dog toy no

Question 39

how do you protection against dilution

Answer 39

if it is a well known mark then any imitations, translations and reproductions or dissimilar goods that would be likely to harm the reputation of the brand.

Question 40

what does the relevant sector mean

Answer 40

1. actual and potential customers 2. people involved in channels of distribution 3. business circles relating to good or service