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
a 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
and instantly recognize it to be the symbol of McDonald's fast-food chain? That's an example of a highly successful trademark. Companies work and invest towards scientific research, creative work, choosing image and name to represent their business, all this creation is part of their Intellectual Property. Company's Trademark and Branding is a valuable commodity for the firm. Trademark is the representation of business through legally registered symbol, images, or words. Trademarking their intellectual
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
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
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
Trademarks are the foundation of competition for businesses and it grants the freedom of choice to buyers. In the jungle of products, trademarks help buyers to get exactly what they want to buy. It is the function of a trademark to give an indication to the purchaser as to the manufacturing or quality of the goods. Therefore it is necessary to protect the trademark and its distinctiveness as perceived by public. Trademark law generally deals with the protection of trademark from being infringed when
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
Descartes' Trademark Argument for God's Existence The trademark argument (also known as the causal argument) tries to prove Gods existence through the fact that we have an idea of him. This argument rests on Descartes' definition of cause and effect, which he considers a priori. This idea, that God is an infinite being, he reasons is innate left on our brain as his stamp or trademark much like a potter leaves on his pots. "God, at my creation, implanted this idea in me, that it might
Question 1: The definition of trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner. The three elements of a trademark infringement claim are 1.) An unauthorized use, 2.) A protectable property interest that creates and 3.) A likelihood of confusion among consumers as to the source or origin of the goods or service. The two cases we discussed in class for trademark infringement were the Indianapolis Colts case and
organization. In addition to protecting their creation, business owners can maximize the value of their IPs in many ways. They can franchise, license out or transact their IP. There are 8 different types of (IP) Intellectual Property; they are patent, trademark, registered design, plant varieties protection, copyright, and layout-design of an integrated circuit, geographical indication and trade secret. Patent refers to the owner whom is the right granted of an object, product or a process that he/she invented
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
the 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
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
Law exists to grant business owners, artistes and innovators exclusive intellectual rights regarding many intangible assets and these are for a specified duration. Examples • Business owners are given exclusive rights regarding the use of their trademarks as well as geographical indications that were established by the business owners • Innovators get protection for their industrial designs, patents, confidential information and trade secrets. • Creative artists, on the other hand, are given exclusive
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
property law include: patent, copyright, trademark, and trade secret. Intellectual Property can be categorized under the following: Monopoly Right to prevent copying De Facto Monopoly Contractual Patents Unregistered Trade Marks Trade Secrets Confidential Information Registered Trade Marks Unregistered Designs Know-How Registered Design Copyright This essay focuses on Patents, Registered Designs, Unregistered Design Right and trademarks. A patent is needed to increase innovation
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