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Trade Mark Basics/FAQs
 
What is a trademark?

A Trade Mark is a sign that may help to distinguish goods or services of one company from those of other companies. This is more or less the standard definition of a Trade Mark as used in the legal field. Other fields of science or business will use other definitions of what constitutes a Trade Mark.

The two key words in the legal definition of a Trade Mark are probably ‘sign’ and ‘distinguish’. A sign can be much more than one may expect. The most obvious signs or Trade Mark are words. Word marks can consist either of an existing term or a coined word. Other common marks are logos (or ‘device marks’) or a combination of one or more words and an image.

Other signs may also help very well to distinguish certain products from others. The label on a product, the colours and shape of the product or of its packaging and combinations of these may also fulfil this role. There are also less evident signs that may also function as Trade Marks like sounds or smells. The definition is not exhaustive. Again, basically any sign may be regarded as a Trade Mark as long as it fulfils its distinctive role.

The other essential word is to ‘distinguish’. Not all signs are able to distinguish goods (or services) for various reasons. Words may describe the product itself or certain qualities or features for a product. In that case, such a word can by definition, not at the same time distinguish certain of those products from the same products from another company.

Other words were originally distinctive signs/Trade Marks but have become generic as a consequence of generic use of it. There are signs that are so commonly used that the public cannot distinguish goods from other goods, so they are simply non-distinctive.

 
How do you obtain a right to a Trade Mark?
What is a patent?
How do you obtain a patent?
What is copyright?
How do you obtain a right to and what is covered by copyright?
What is an industrial design?
What is a geographical indication?

A geographical indication is usually a place name giving the origin of the goods to which it is applied. These goods usually have a quality which can only be obtained if they are produced in the specified place, for example, because of the climate, or local soil conditions, or quality of the water.

Geographical indications are mostly used in relation to agricultural products, but may also be applied to other products which rely on human or other factors.

This is a fairly recent form of intellectual property protection, which was introduced to protect the public from deception, whether deliberate or otherwise. It means, for example, that if you buy Scotch whisky, you know that it is made in Scotland, and it not a product made in the same way as Scotch whisky, but elsewhere (eg in Japan).

In order to have a name recognized as a geographical indication, the place needs to have acquired a reputation for a particular type of product and a quality or qualities associated with it. A geographical indication therefore helps to protect and enhance that reputation.

A geographical indication is not generally owned by one particular trader and so does not function in the same way as a trade mark (i.e. to distinguish the goods or services of one trader from those of others). It can be used by anyone who meets the set criteria.

Geographical indications are protected by International Treaties, and signatories of these treaties then incorporate protection into their own national laws, either by amendment of existing laws, or the creation of new ones. Geographical indications are therefore ultimately enforced under national law.

Some place names have, however, become synonymous with particular styles of product, regardless of where they are produced, for example Dijon for mustard, and Cheddar for cheese, and so are not protected as Geographical Indications.

 
What is the difference between a trademark and a company name?
Can you claim a right to a domain name?
What is a Well-Known Mark?
Parallel Imports

 


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