Exam strategy

Question 1

TM

Answer 1

• Is it a mark? Otherwise it can not be trademarked.
  ○ Word, figure, 3D..etc.
  ○ Non traditional marks as well like emotion
  ○ Important to state what kind of mark it is
• Is it graphical representable? Or media file (the new rule)?
  ○ Can we have it as a media file?
• Distinctive?
  ○ Is it descriptive?
• Are there any ground of refusal?
  ○ Public interest, public grounds of refusal
  ○ Absolute grounds of refusal (stating that nothing can hinder the trademark) (2.7 no. 1-3 TA)
  ○ Relative grounds (2.8 & 2.10 TA) Can we get consent? (TA 2:11)

Question 2

Design:

Answer 2

• Is it a design or visual appearance? (§ 1 p1)
  ○ Or industrial or handcrafted item? (§1 p2) * Sculpture is not industrial or handcrafted. Can not protect a piece of art!
• New? §2
• Individual/ distinctive character? §2
• Absolute grounds of refusal?
  ○ E.g. Baby bottle shaped as a penis.
  E.g Incorporated, in previous ownership or against public moral

Question 3

Patents:

Answer 3

• Is it a technical solution?
• Is it an invention? (can not be a discovery)
• Criteria:
  ○ Novelty?
  ○ Inventive step?
  ○ Industrial applicable?

Question 4

Copyright:

Answer 4

• Literary or artistic work?
• Human made?
• Originality
• Artistic height

Separable/ fixation (can not change and should be able to see that it is the same from time to time.