brand wants to enter China, can its trademark be protected in the potential market? For instance, CarMan, a registered German trademark, is famous in Euro after using for several years. Now, CarMan is eager to enter China’s market, but there is a same trademark has been registered and used in the same goods as CarMan. The following part is trying to solve disputes arose from the situations like CarMan. I. Trademark Law in China A. Development of Trademark Law After the founding of the People’s Republic
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
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
TRADE MARK LAW IN USA Trademark is a word, symbol or phrase used for identifying a particular manufactures or seller’s products and distinguish them from other products. The overall purpose of Trademark law is to prevent unfair trade competitions by protecting the use of words, symbols logo design, name ect..Why because these are the key distinguishing things of goods and services of a firm. These laws protecting consumers by preventing firms and companies from using trademarks substantially similar
In the realm of trademarks law as a whole, Canada is lagging behind. More specifically, in the areas of non-traditional marks, Canada has a lot of catching up to do. This is due to its legislature with regards to this topic whereby it is virtually non-existent when compared to other jurisdictions in the rest of the world, such as the European Union (EU) and the United States (US). However, I argue that with the current changes in this area of law, such as the passing of Bill C-35, it can be anticipated
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
Introduction To begin with, a “trademark” may refer to any word, name, symbol, device or combinations thereof used by merchants or manufacturers of goods and services to identify these specific goods and services, as well as to distinguish them from others offered in the course of trade (____________________________). Upon registering a trademark, the mark is in fact established. This process is essential in granting the owner the exclusive right to using the trademark, i.e. the right to prevent all
TRADEMARK INFRINGEMENT 1 Trademark Infringement and Counterfeiting in the Fashion Industry In 2012 US Customs and Border officials seized $1.26 Billion, in counterfeit goods (US seizes counterfeit goods worth $1.26 billion in 2012, 2013). Counterfeiting has become so widespread that it has often become difficult to determine which item is the authentic one. Counterfeit goods fall under the intellectual property law of trademarks. When a trademark has been infringed upon in the fashion industry
most important aspects of any business is its name. Our laws provide for a business to seek protection for its property. Congress established the trademark protections for businesses in the Trademark Act of 1881. It established a trademark law that applied to the interstate commerce clause in the Constitution (Busse, 2011). The trademark is considered one of the founding distinctions a company can own under our intellectual property laws. For consideration in this essay, we will discuss a very
com. Thereafter, Keisha Lowell became more aware of the allegedly trademark infringements as she called her attorney general immediate. Kay Lowell’s attorney sent a brief writing letter to Kay Lowe demandingly that she has stop using “KayLo” for her products and branch for some purpose. When Kay ignored, Keisha’s attorney filed a lawsuit against Kay Lowe and her branch in Dubai court of first request for the alleged trademark infringement. Kaisha filed against Kay Lowe. this is because the ideas
Intellectual Property (IP) is a series of laws that dissuade the replication of another persons work. IP is a term used to describe various legal avenues of copy protection, whether it is copyright or trademarking. However, within the fashion industry serious flaws in the protection
the various issues, it is often unclear of what ‘Cyber Squatting’ actually is. Simply put, cyber squatting means the registration of a domain name in violation of a trademark or business name or other intellectual property of its owners. This includes the registration of a name deceptively similar to such business name or trademark. Usually, domain squatters register these domains before the company does and offer these domain names to such business houses at a premium 1. U.S. Eastern District
TRADEMARK ISSUES IN CYBER SPACE The two main areas of intellectual property law which have been greatly affected, if not completely transcended by the advent of the internet age are the law related to copyright and trademarks. As noted by the Bureau of WIPO, the internet has been described as the world’s biggest copy machine . The internet enables one to make instantaneous copies of same quality. Unlike before when the copies were to be faxed or couriered, now the internet allows one to send unlimited
Intellectual Property in the World of E-Business: Trademarks, Trade Names and Domain Names Lindsay Tucker LAW 421 Eric Nord April 21, 2014 Introduction The basis of e-business is intellectual property, which holds trademarks, domains, copyrights, patents etc. This article helps understand how trademarks, domains, copyrights, patents, etc. relate to one another and their use in the virtual world including protecting them against issues in cyberspace. Goods and Services Identification in the Virtual
Copyright is a form of mental property protected by the laws of the United States. Copyright protection is the first works of authorship that are fixed in a real form, whether published or unpublished. The categories of works that can be protected by copyright laws include paintings, photographs, movies, and software. The Copyright Office was created by Congress in 1897. The Register points to the Copyright Office as its own federal department. Pursuant to specific authorities set forth in the Copyright
Several possible legal issues are evident in the scenario. In this scenario, the name Hallowed would receive protection as a trademark since it is a word that distinguishes the product from others. A trademark is understood as a design, symbol, phrase or word or a mix of these that distinguishes and identifies the source of the goods of one firm from those of other firms. A trade dress basically refers to the visual impression which is created by the totality of every element utilized in packaging
Introduction to Intellectual property and various property laws in Singapore First of all, the definition of Intellectual property refers to the creation of mind, such as literary and artistic works, inventions, designs, names, symbols, logos and even images used in industries. Some example of Intellectual property are that business owners, they are given exclusive rights for the use of their trademark or even their identity, logo, which were originally established by them. Even for creative artistes
Intellectual Property Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has
Patents Patents are defined as “a government license that gives the holder exclusive rights to a process, design or new invention for a designated period of time” (Reference 1). When an individual comes up with a product, a composition, machine, process or an improvement to the aforementioned aspects, they can apply for a patent. The government may approve of a patent if it fits certain criteria. Patents need to be innovative, useful and not obvious to others. The main purpose of a patent is to
have an overall strategy to protect it. Secondly, intellectual property rights are secured differently in Singapore than in the United States. Thirdly, an investor has to register and enforced intellectual property rights for the companies under local laws in Singapore. Companies may wish to seek advice from local attorneys or IP consultants to understand more about IPR, along with the importance of protecting and having one. The U.S. Commercial Service can provide a list of local lawyers upon request