Inspiration - trademarks Flashcards
What is in a trademark?
Identification
Recognition
Reliance
Any sign that can distinguish goods or services from one company to those from other’s.
What does it destinguish?
- Jewellery, bags and clothing by The Smiley Company
- peanut butter
- Products and services of a coffee bar graphic elements
- PATTA - clothing, footwear and headgear in the name of Patta Exclusive Sneakers BV
- SNELLE PLANGA –sunglasses; clothing, entertainment etc
- colour marks
What does exclusivity mean?
Keeping competitors on a distance
Creating own identity and recognition
Building reputation gives increasing value
Higher value gives higher price
Benefits of trademark registration?
- Means to keep competitors on a distance
- Chance for direct or indirect confusion
- To secure your own position
- Without registration risk that third party may be able to cease your use, even if the use is older
- TM register has a preventive functionality
- People conducting availability searches will see your trademark
- Communication to the market
- Registration needed for sale via amazon
What is the use of a trademark?
use requirement < 5 years
Use the trademark as registered
Use the ® symbol
How should you not use it?
Don’t use the trademark as a noun (PEPSI COLA instead of just PEPSI)
Never use the trademark as a verb
Never change the trademark to the plural form
What are the trade mark costs?
Domain name registration
Benelux availability search
Benelux TM registration
Covers period of 10 years without annuity fees
Renewable every 10 years