a) Statutory definition of trademark under the 1999 Act
Trademark must be a mark which includes a device, brand, heading, label, ticket, name, signa-ture, word, letter, numeral, shape of goods, packaging or combination of colours or any combi-nation thereof.
The mark must be capable of being represented graphically.
It must be capable of distinguishing the goods or services of one person from those of others.
It may include shape of goods, their packaging and combination of colours.
It must be used or proposed to be used in relation to goods or services.
The right to proprietorship of a trademark may be acquired by registration under the act or by use in relation to particular goods or services.
The use of trademark must be for the purpose of indicating a connection in the course of trade between the goods or services and some persons having the right as proprietor to use the mark.
The right of proprietorship is a statutory right acquired by registration which requires no actual user but only an intention to use the mark. On the other hand, the …show more content…
In France the first compre-hensive trademark system of the world was passed into law in 1857 with the “Manufacture and Goods Marks Act”. In Britain, the 1862 Merchandise Marks Act made it a criminal offence to imitate another’s trademark ‘with the intent to defraud or to enable another to defraud’. In 1875, The Trademarks Registration Act was passed which allowed formal registration of trademarks at the UK Patent office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1st Janu-ary 1876. The 1875 act defined a registrable trademark as ‘a device, or mark, or name of an in-dividual or firm printed in some particular and distinctive manner, or a written signature or copy of a written signature of an individual or firm; or a distinctive label or
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What is branding? Branding has been advocated as a potentially successful response to heightened market concentration; it offers the possibilities of centralized control and format standardization, and an added value or cost driven strategy can be used to differentiate the retail offering and reinforce market positioning. Brands provide informational cues for buyers about the store's merchandise quality, and favourable images of brands positively influence patronage decisions." Successful retail branding can provide a form of "insulation" against price competition and states: "Where the store brand name is itself a brand name based on a quality appeal, it will be easier to position the own brand as a premium product under the same name" (Schmidt, R., & Pioch, E., 2005). Further as consumers, we tend to think about brands as symbols like the Nike swoosh or McDonald’s golden arches; the working definition of a brand is broader. A brand is usually defined as a name, logo, symbol, words, or combination of these, intended to distinguish a particular company’s offerings from those of competitors. In this sense, the modern use of the word “brand” harkens back to its older meaning which is a distinguishing mark or burn to identify wine, livestock or other commodities by their owner (Koehn, N., 2013).
A trademark is a distinctive indicator that used by a company or business to identify the brand, products or services. And the trademark can represent a logo, symbol, word and graphic. You can protect your logo or signature by applying/register through IPOS so that others will not have the chance to grab your ideas or even modify to look similar. Once acquired, a trademark can last indefi...
...elated Aspects of Intellectual Property Rights) has not only made it easier for companies to register their trademark in one country or another but it has also extended their level of protection against competitors or counterfeiters.
“…Those bearing a trademark that is identical to, or indistinguishable from, a trademark registered to another party and infringe the rights of the holder of the trademark.” (Bian and Moutinho, 2011).
Trademarks and service marks or brand names which are officially registered in a (at least national) list of trademarks of this legal group may be marked with the registered trade mark, which confirms them the full protection of the trade mark. The registered trade mark symbol is an uppercase letter "R", which is usually represented in smaller letters and is added after the name of the goods and service mark. A trademark serves to identify goods or services using symbols, words, names or a device in order to distinguish from the competition. For example, a well-known name of a product creates trust and represents an economic value. A brand serves to mark the goods or services of a company and thus protects this "good name". This creation of a Trademark ® can take place in different ways as
Define and explain the following: copyrights, trademarks, and patents. Compare the three and provide an example of each. This paper will be non-graded, but it is still highly recommended that you complete this assignment for increased practice and self-improvement.
These trademarks and patents do not protect the creative side of their designs enough. To clarify, patents, trademarks, and copyrights are specifically different. Trademarks are distinctive marks, names, and/or logos used to distinguish a product, which enable consumers to identify an item as the designer's work. They can be renewed unlimitedly, but a trademark does not protect the overall design. Trademark law therefore offers relatively little protection against copyists as opposed to counterfeiters. Patents protect functional expressions of an idea – not the idea itself. Copyrights protect the specific creative expression of an idea through any medium of artistic/creative expression
Intellectual property protection has become increasingly popular in the last century. Many factors have probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the world shrinks because of advancements in transportation and computer technology, intellectual property rights become a large part of entrepreneurship and product development. This paper will discuss the interesting and challenging topic of intellectual property protection. The four basic types of intellectual property include copyrights, patents, trademarks and trade secrets; we will discuss the intellectual properties in the order in which they are listed.
Every company seeks to create its own brand - a unique and effective image. Purpose of brand is attracting and retaining customers in its market share. Branding in marketing is a complex technology, aimed at making advantageous position a brand from the competition. Facilitating the search for the necessary goods to the buyer, branding in marketing becomes more effective if the consumer product features meet market requirements. It is especially necessary to identify the goods, for a case of unprepared buyer which can not assess the competitive characteristics (for example, high-tech products). The development of technology has had a huge impact on human society. It is reflected in the fact that we are surrounded by complex technical devices that we use every day and sometimes we have no idea of how this thing is located within. Here the brand comes to help the consumer that stands out from all those product characteristics that are important to the consumer and facilitates the understanding of the product.
Licensing is the process whereby some companies create an instant brand by paying a fee to use the names or symbols of an already established brand, or the name of a celebrity or film character. The original owner of the brand is called the licensor while the company that pays a fee to use the brand is called the licensee. The licensor benefits due to the increased revenue beyond their normal revenue and profit stream. It also increases the overall awareness of the brand and attracts new customers to the brand. The licensee benefits because they do not have to spend the large amounts of time and money that it takes to build a reputable brand. The name or symbol that they now use has more credibility than competitors through brand association. Licensing is a very popular option as these names, symbols or film characters are already extensively known, such as Disney school supplies, toys and
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are