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
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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
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 to those of others. The main purpose of these laws is to avoid confusions regarding the identity and quality of companies and preventing the companies from diluting the marks of other’s. In present day world particularly in commercial market,
policies as well as practices. It enables authorities to make informed decisions based on the
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...
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
According to chapter 28 Liuzzo, states that a trademark, is "any word, name, symbol, or
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
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
Way before their time Esther Dyson and Lance Rose both had their own opinions about the future of 'intellectual property' in the digital age. In 1995, two authors noticed this emergence of change. In the Wired article "The Emperor's Clothes Still Fit Just Fine" Lance Rose suggested that the norm of copyright infringement being a criminal act such as stealing a car would prevent this practice from becoming something that would be acceptable in society today. This leads into his argument that we do not need to change the current laws (in 1995) to prevent future copyright infringement. Esther Dyson's Wired article on the other hand titled "Intellectual Value" expresses a completely opposite view of this very same issue of copyright. Her arguments support the claim that copyright infringement would become more prominent in society and cause major revision of how we approach and pass laws toward the handling of intellectual property. Both of these articles were very predictive from the time they were written and have been proved accurate by events through the years.
Kotler’s (1997) definition of branding is that: “A name, term, sign, symbol or design, or combination of them, intended
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
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).
companies had a trade mark which was a two or three dimensional picture or sign.
Brand is the name, term, design, symbol, or any other feature that identifies one seller's good or service as distinct from those of others. Initially, Branding was adopted to differentiate one person's cattle from another's by means of a distinctive symbol, and was subsequently used in business, marketing, and advertising.
“…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).
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.