TRADEMARK LAW

Question 1

what are trademarks?

Answer 1

signs including:
words
designs
letters
numbers
colours
shapes
packaging
sounds

TO IDENTIFY AND DISTINGUISH PRODUCTS IN THE MARKET

Question 2

what are the requirements of a trademark? (3)

Answer 2

1. novelty: cannot be registered if identical or similar to signs already in use for the sam/related products
2. distinctive characters: the consumer is capable of distinguishing the company’s products from those of competitors thanks to the trademark
3. legality: cannot
   - violate laws of public morality

• be misleading to the public abput product’s characteristics
• infringe existing intellectual property rights

Question 3

what does the law forbid as the registration of trademarks?

Answer 3

1. functional shapes: either shapes that result from the nature of the good itself or shapes necessary to obtain a technical result
2. ornamental shapes: substantial value to the consumer is given by the good itself

Question 4

territoriality and duration of trademarks

Answer 4

a. national

b. EU protection

10 years and can be renewed indefinitely

Question 5

when can a EU trademark owner prevent unauthorized use of an infringing sign?

Answer 5

1. identical for identical goods
2. similar for similar goods and causing consumer confusion
3. damages reputation/unfair advantage even for unrelated goods

Question 6

when is there a legitimate use of a third party’s trademark? (5)

Answer 6

1. using one’s own name
2. using it for descriptive purposes (not branding)
3. referincing it for COMPATIBILITY purposes
4. parody
5. COMPARATIVE ADV

Question 7

what are the trademark functions?

Answer 7

1. communication (promotional)
2. advertising (protects investment in brand recognition)
3. investment (shields BRAND VALUE)

Question 8

when is it trademark infringement?

Answer 8

1. confuses people
2. leads to counterfeit products
3. damages the key trademark functions (communication, adv, investment)

Question 9

Domain names, keywords, and hashtags

Answer 9

Domain names: 1st and 2nd level, may infringe the registered trademark if there is CONFUSIO (first to connect the domain name wins)

Keywords: buying a trademark as search engine keyword is ALLOWED unless
1. confusing
2. damages key trademark functions

Hashtags: allowed, if used in a descriptive and non confusing way, or leading to counterfeits