Module 2

Question 1

What is a certification mark?

Answer 1

A mark of certification of goods or services by the proprietor of the mark wrt to -

• Origin,
• Material used,
• Mode of manufacturing/performance of services

eg. Wool Marks,

Question 2

Who is the owner of a TM?

Answer 2

The person or association which is involved in producing of the goods that have been examined and certified.

Question 3

When did certification mark start its journey?

Answer 3

The first application of certification mark was filled in Chile in Sept 2011 for Certified Sustainable Wine of Chile at National Association of wineries.

Question 4

What is a collective mark?

Answer 4

A mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings. A Collective mark similar to the certification mark.

Question 5

What is the common function of a collective mark?

Answer 5

That the goods produced by the members of the association have certain characteristics or standards.

Question 6

What is a domain name?

Answer 6

An Internet domain name is a name associated to an Internet IP address and it means to make easier for Net surfers to reach a specific virtual place on the net.

Question 7

What is a trade name?

Answer 7

The name of company or enterprises on which they generally do business, and is being registered under a particular national law.
The concept of Trade name is governed by National or local legislation.

Question 8

What are the types of issues that may arise wrt Trade Name, Business Name, Trademark?

Answer 8

For a product, various TM can be sought on one Trade Name. Different-Different TM would be granted on the name, shape, slogan, symbol, logotype, colour, odour and other characteristics of the product.

Question 9

What is the solution when various TMs are sought on one trade name?

Answer 9

1. Registered trade name should be short and use it as your business name
2. Register your trademark on the trade name itself to procure distinctiveness in the market.

Question 10

What is the concept of Distinctiveness?

Answer 10

Distinctiveness means that the consuming public recognizes the name as being a reference to a particular trait source.

Question 11

What is the difference between registered and unregistered trade mark?

Answer 11

Registered trade mark is governed by national law and it does not need a product to be well-known in the market. For an unregistered trade mark to be recognized, a product must be well-known and has acquired distinctiveness over the years.

Question 12

Which principle governs intellectual property law?.

Answer 12

Principle of territoriality i.e. registration of a trademark in one country grants that the applicant has the exclusive right to use that sign within the boundaries of that country according to its own laws.

Question 13

What are various useful International Instruments for TM Law?

Answer 13

1. NICE agreement
2. TRIPS agreement
3. Trademark Law Treaty
4. The Singapore Treaty
5. Madrid Agreement
6. Paris Convention (1883)

Question 14

What does a certification mark indicate?

Answer 14

It indicates that a good or service complies with a manufacturing standard or specification.

Question 15

What are the salient features of the Paris convention?

Answer 15

1. Includes patents, utility models, industrial design as well as trademark, service marks, trade names, indication of source or appellation of origin and the repression of unfair competition under industrial property definition
2. It gives right of priority and independence of patents
3. It protects against false indications
4. More than 170 countries are parties to this Convention

Question 16

Is using NICE classification mandatory for registration?

Answer 16

Yes, it is mandatory at national as well as international level.

Question 17

When was TRIPS agreement signed?

Answer 17

1994

Question 18

What is the basic rule for registration of trademark given under Article 15 of TRIPS agreement?

Answer 18

Any sign or any combination of signs capable of distinguishing the goods or services of one undertaking from those of other undertakings must be eligible for registration as a trademark. Such signs in particular words including personal names, letter, numerals, figurative elements and the combination of colors as well as any combination of such signs must be eligible for registration as trademarks.

Question 19

Shall a use of trademark by another person be considered as a purpose for maintaining registration under Article 19 of TRIPS agreement?

Answer 19

Yes.

Question 20

What are the three phases of TLT?

Answer 20

1. Application for Registration
2. Changes after Registration
3. Renewal

Question 21

What is the objective of the Singapore treaty?

Answer 21

To create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures

Question 22

Is there any similarity between the Madrid Agreement and the Paris convention?

Answer 22

The two treaties are parallel and independent and states may adhere to either of them or to both.