3)Passing off and trademark can / cannot protect a business reputation.
It is an important / unimportant feature or has / has no important bearing in businesses’ marketing efforts.(By Aloysius)
Trademark
Trademark is a sign, or a mark, that is used to give your own company or business your own identity. Hence, trademark is able to allow others to clearly distinguish your company from others which may have similar goods or shares. Trademark is also able to restrict others to use your company’s brand or mark. A trademark can be represented in the form of many different elements such as names, words, labels and signature et cetera. Trademarks may be unable to be registered due to the content of the mark such as it being offensive or immoral, or if it contains descriptive words, or if it is generally similar to well-known marks. In Singapore, registration of trademark is not compulsory. An unregistered trademark usually is represented with a ® while a registered trademark is usually represented with a ™ . If your trademark is registered, your company would be able to receive statutory monopoly for your mark, your company would be able to receive protection from the Government to avoid infringement or violation of your company. Furthermore, a registered trademark adds value to your business as you are able to protect your business, sell your shares to third parties and even increase the value of an ownership interest in your business to develop your business.
Once you have registered your trademark, your trademark would be valid for 10 years and have to be renewed to receive an indefinite protection of your mark. In the event of your mark being infringed or violated, you are able to seek damages or profits from the company who impose...
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...rty rights so that one would not have to take actions against infringers which is time consuming and expensive as well.
8)Conclusion(By Esmond)
Basically in conclusion, the purpose of intellectual property law motivate new technologies, artistic expressions and inventions while promoting economic growth. Firstly, when one tries to steal and misuse your work, their moral issue is at concern. Secondly, it is immorally wrong that one just copy and use your work for their own benefits. Thirdly, it is to protect business growth. Lastly, it important that you take action to protect the intellectual property which you have as it will be a waste of effort if your ideas get into the wrong hands. The result of this could be that it could led to you losing your whole assets entirely. Therefore, it is important to have your intellectual property material to be kept secured.
Businesses filing the claim must also show that the business use of the trademark is expected to cause uncertainty as to the association, relationship or the affiliation among them. To establish a violation of the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.( A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir.
With a trademark, a company can register their logo, which in turn cannot be replicated in any form without express permission from the trademark holder (Intellectual Property Office of New Zealand, 2011). After building the reputation of its brand, a company can clearly define itself in a competitive marketplace with a trademarked identity that is unlike any of its competitors, giving it a clear point of difference and customer trust that will directly translate into increased sales and brand loyalty (Philpott, 2004, pp. 171 –
A trademark is most often known as a symbol, word, or phrase that is used in commerce to distinguish a particular seller’s wares from that of another ("Trade-marks Act")( Wensley & Caraway). The protection of trademarks within the Canadian trademark law is not only emphasized within the Trade-marks Act, but also decreed under common law, similarly known as the rulings dictated by federal judiciaries ("Canadian trademark law"). This implies that trademarks can either be registered under the Act, or safeguarded by a common law action called “passing off.” Passing off is a crucial mean of protecting a registered trademark through section 7(b) and 7(c) of the Act that deliberates the tort of such a regulation ("Canadian trademark law"). Both statutes ensure the protection of not only trademarks but also certification marks, distinctive marks, proposed marks, service marks, and distinguishing guises against perpetrators who either defraud the goodwill of these marks or generate confusion in relation to it. For a plaintiff to prove that trademark infringement has occurred, he/she needs to illustrate either the existence of goodwill within the market area, that the defendant’s use of mark or trade name exemplified the misrepresentation of wares, or that such falsification caused harm to the organization ("Canadian trademark law"). The owner of the trademark has an advantage through Section 19, 20, and 22 of the Act, which sanction for the exclusive rights to the mark throughout Canada in relevance to the products and services it was generated for, prohibiting the distribution of wares in association with a confusing trademark by unapproved individuals, and/or obstructing non-owners from using the mark in a manner that may result in the v...
A Trademark is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or other affixes to the goods it produces so that they can be identified on the market and their origins made known(Cross & Miller, 2012).
A trademark is one of the utmost valuable assets that an individual can possess. A trademark is not just a logo or a name, and it’s worth is not limited to the mark as such. A trademark is utilized in order to differentiate the services and goods of one trader to another. A trademark authorizes a business to exploit the market in order to entice customers, who permits them to recognize the marked good and likewise,
...federal trademark application will be at risk if the same project/product that has same set of rules and output and was filed in US federal trademark.
Passing off is not confined to that resulting from the use of registered trade marks. While the TMA 1994 protects trade marks as property immediately upon registration, the law of passing off is said to protect as property the trade goodwill that develops in the market place. Although, passing off does not confer monopoly rights, passing off and trade mark law deal with overlapping factual situations, although, s 2(2) of the TMA 1994 s 2(2) maintains passing off as a separate cause of action. Passing off seeks to protect not the claimant’s sign as such but the claimant’s customer connection or "goodwill" built up around that sign or the claimant’s business. According to Alice Blythe, “Passing off seeks to protect business goodwill, which is the trading reputation of the economic undertaking proclaimed by the sign. The business goodwill proclaimed by the sign will be perceived by consumers in a very similar way to which Laddie J described for trademarks.” This a strong similarity to trade mark
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws .The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. section 1051 et seq) also known as the trademark act of 1946 provides protection for trademarks. A trademark is defined as a name, a word, a symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured and sold by others. (Miaoulis 1978)
Intellectual property is the product of creative thought. Intellectual property law establishes rules for the registration, administration, sale, licensing, and dispute resolution of intellectual property (Stim, 2017). By taking the necessary steps to claim
To be protected in interstate use, the trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947. To register a mark with the Patent office, you must submit a drawing of the mark and indicate when it was first used in interstate commerce and how it is used. The Patent Office would then conduct an investigation to verify those facts and will trademark as long as it is not generic, descriptive, immoral, deceptive, the name of a person whose permission has not been obtained or is similar to another trademark. (Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. 2016).
Intellectual property rights (IPR) are extremely boring. This is a simple truth. There is nothing exciting about discussing copyrights, patents, trademarks, trade secrets. There is no such thing as an invigorating discussion revolving around the legal battles of Isaac Newton v. Gottfried Wilhelm. It just doesn’t happen. What does happen, however, are “invigorating discussions” revolving around sites like Limewire and megashare being shut down. A woman who was sued for illegally downloading ten songs was found guilty and forced to pay a fee of $10,000.
Intellectual Property (IP) is a legal concept that refers to the creations of the human minds for which exclusive rights are recognized. A variety of tangible assets are granted rights to the owners, artistes or innovators for a specified duration. IP is an intangible asset to a company as it gives commercial business partner and financial institutions the confidence to invest or in any way collaborate with the business. Business owners will also be able to maximize the value of their Intellectual Property by ways such as franchising, transaction or licensing.
In China, the legislative framework for the registration for certification mark is completely different from the framework present in India. Moreover the new PRC trademark law which has come into effect from 1st May 2014 bought substantial changes to the current trademark regime in place in China. The protection afforded to well known trademark has been increased as Article 14 of the new Act provides that determination of well known trademark would be undertaken in case of infringement of well known trademark. However procedural norms regarding opposition proceedings have been drastically altered and now if the opposition fails at the Trademark Office level, which is the first level of review for an opposition, the mark would immediately proceed to registration. This is in contrast to the current state of law which allows the opponent in such a situation to appeal to the Trademark Review and Adjudication Board and further apply for judicial review at two levels of court. In addi...
They are a type of intellectual property, similar to trademarks and copyrights. A patented invention is stamped with the word patent, and a number assigned to the patent. Some are marked with the location of the patent for example ‘China Patent’ and a number, indicating it was patented China. One item can be covered by more than one patent, as in the case of a laptop. After a patent application is submitted, a candidate is allowed to mark a product patent pending, but that does not convey any legal protection. It is illegal to mark an item as patented if it doesn’t have a patent.
However, in recent years, it is not uncommon to see copyright in the possession of a third party other than the creator. These companies make use of copyright as an investment and financial tools to gain profit. In this case, the use of copyright loses its original purpose of protecting the creator, but used as a mean for financial gain. This could possibly hinder creativity as innovation becomes a financial tool catered to the tastes of the general public, while the less marketable new ideas goes unnoticed by the general public under the copyright laws. It is crucial to note that online platforms such as blogs, Facebook and Youtube, and people making their music/works available online for free shows the rapid surge in the number of people willing to sacrifice their copyrights to market themselves to the world. In this highly saturated market, copyright laws can become less relevant as marketing and business is placed on higher