Trademark WS 2008.ppt

IPTrademark How do you make your purchasing decision? Trade marks – guidance through the maze of many diverse products and services Trademark ? What is the nature of a trademark What is the function of a trademark? What signs can constitute a trademark? How can I obtain the right to a trademark? Why is it advisable to protect a trademark? Which signs may not be registered What territory is covered by the protection of my trademark? What rights are granted by the registration of a trademark? How long does the exclusivity right granted by a trademark last? Is it compulsory to use a trademark? Are there any sanctions for not using a trademark? How can a trademark owned by a third person be used? What circumstances would provoke the cancellation of my trademark? What is trademark infringement?   I. What is the nature of a trademark?  1. The right to exclude 2. Limited to goods and services 3. The obligation to be used 4. The principal of territoriality 5. The essential to be a sign 5.1 Graphical 5.2 Distinctiveness Fanciful (Xerox/Kodak) Arbitrary (Apple/Blackberry) Suggestive (Microsoft/Easyfone) Descriptive (104 Keys) 5.3 No descriptive use 5.4 No generic use  II. What is the function of a trademark? Producer / Retailer 1.1 promote quality 1.2 protect invention 1.3 protect investment 1.4 entrance / market share 1.5 secure identity Consumer 2.1 facilitate choice 2.2 badge of origin origin of product origin of service identification of commercial source Creative silent salesman “the more distinctive the mark, the greater its selling power” III. What signs can constitute a trademark? Word trademark Figurative trademark Three-dimensional trademark Hologram trademark Colour trademark Sound trademark Smell trademark Taste trademark Tactile trademark or a combination of these, provided it overcomes the graphic representation requirement. IV. How can I obtain the rig