IP Process

Question 1

Name the main IP rights – 1,5 points

Answer 1

1. Trademarks (name of productor service)
2. Design Patents (design protection)
3. Patents (technical matter)

Question 2

What is trade mark? – 1,5 points

Answer 2

A Trademark is the name or the sign of a product or a service

A trademark is aiming to distinguish the goods or services of one enterprise from those of other enterprisis

All kinds of signs/marks, words, personalnames, figures, characters, numbers, sounds(jingle), three dimensional formations may serve as a Trademark

Question 3

How to gain the IP rights? 1 point

Answer 3

1. Protection is achieved by registration at the Trademark Office or by
2. secondary meaning (e.g. by intensive use) §5 and 15 MarkenG

Question 4

Describe the path to a trademark (detailed answer necessary). 4 points

Answer 4

1. Inquiry whether a disired Trademark is able to be registered
2. Search in database –> product service is not occupied
3. Investigation of meaning (languages,countries)
4. Reporting results and discuss conflicts
5. If no basic rejection criteria:
   
   1. freeze final name
   2. draft list of goods/services
   3. national filling
   4. international filling

Inquiry of the marketing department/client whether a desired Trademark is able to be registered

– Search in (online) databases whether the desired mark for the respective products and services is not occupied by a third party

– Investigation of the meaning of the desired Trademark in all languages/countries a registration is required (Toyota MR2, Mitsubishi Pajero)

– Reporting the results to the marketing department and discussing conflicts of older Trademarks and problematical meanings in specific languages (risk evaluation, negotiation, buy out, license, coexistence contract or invalidity sue)

– If there exists no basic rejection criteria

• freezing of the final product/service name = Trademark
• Draft the list of goods and services
• First national filing of the Trademark
• Thereupon international filing of the Trademark

Question 5

Why is protection by Trademarks so essential? Give 4 main reasons- 2 points

Answer 5

• Monopoleright of usage combined with the right of prohibition
• Increasing the degree of popularity and improving the brand image
• Rising sales and profit
• Secure the efforts/costs of advertising
• A trademark stands for a certain quality
• Excluding the danger of confusion with third party Trademarks having similar goods and services (to distinguishable abilities)

Question 6

Why is protection by patents so essential? Give 6 reasons – 2 points

Answer 6

1. Securing the exclusiveness of the developed technology
2. Securing of the market area
3. Securing the development investment
4. Securing freedom-to-operate
5. Prohibition of imitations
6. Marketinginstrument –advertising with patents
7. Negotiating an exchange of patents with competitors