Chapter 2 Introduction to Trade mark law Flashcards
What has been the policy in law and also trade mark law?
To encourage competition and to discourage unfair competition.
What is the essence of the statutory doctrine of trade marks
To confer rights on entities in respect of names, logo’s or other identifying marks which are used for trading purposes by an entity and which are associated by members of the public with that entity.
What is a main difference between patents and Trademarks?
That the trademark application is valid throughout the whole EU in a single language.
Where does a European trademark application to be made?
The European Union Intellectual office (EUIPO)
What is a trademark?
A trade mark is something (word or sign) which enables customers to identify goods or service as coming from a particular source, even though they may not know the source’s identity
Where in the law can we find the definition of trade marks?
s. 1.1 Trade Marks Act 1994 (TMA)
What is the rationale behind trade mark protection?
To prevent deceptive use by other traders of identical or similar signs designed to capture or divert to those other traders.
What is the idea behind trade mark law?
To protect a trader’s reputation and to prevent other damaging or taking advantage of that reputation.
