Introduction Flashcards
Definition of a trademark
- signs like words or logos that can be represented on the register in a way that allows the subject matter of that mark to be determined clearly and precisely.
-That is capable of distinguishing the goods and services of one undertaking from those of another.
-They guarantee origin and identity a product. It allows customers to repeat transaction.
What are common law rights?
In the uk unregistered trade mark rights reply on common law rights. These existing where you have been using the name or sign and have become well known. Can be difficult to prove.
What is unfair competition?
Exist in civil law countries with this being their closest equivalent to our law of passing off. “Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition”
What does TM, R, C mean?
TM is the sign of an unregistered trademark. Making no claim to the mark being registered. The use of the TM can also be a very good deterrent against any third party infringers looking to take advantage of unregistered trade marks.
R means that the mark is registered. This is the strongest point of reference and is a key method of ensuring third parties do not take advantage of a trade mark owners rights.
C means that the user consideres the work to be copyright protected and that they are the owner of the work.
What is a series mark?
a number of trade marks which resemble each other and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.
What is the maximum amount of marks allowed in a series?
Six
What is a certification mark?
Purpose of guaranteeing to the relevant public that goods and services possess a particular characteristic
What is a collective mark?
Indicates that the goods and services bearing that mark originate from members of an association, rather than just one trader.
