Trade Marks Flashcards
Define trade marks
A distinct sign/ graphical symbol that represents a company
Which of the following is necessary for something to qualify as a trade mark?
A) distinctive numbers, letter, words, designs or shapes or packaging of goods
B) a 3d shape
C) Something deceptive
D) Something that is against public policy or morality
A)
b and c are conditions that cannot qualify as a trade mark
D) applies to patents
What does ICANN stand for?
A) International Convention around Names and Numbers
B) Information Concerning Assignment of Names and Numbers
C) International Corporation for Assigned Names and Numbers
D) International Commissioner for Assigned Names and Numbers
C
The others are made up
What does UDRP stand for?
A) Uniform Dispute Resolution Policy
B) Uniform Domain Name Dispute Resolution Policy
C) Universal Directive on Registering Patents
D) Uniform Directive on Registering Patents
B)
The others are made up
What is UDRP for? A) To tackle cybercrime B) To tackle patent trolls C) To tackle cybersquatting D) To register patents
C) To tackle cybersquatting
What is cyberquatting?
When someone registers the domain name of a well known brand with the intention of selling it to them for a profit.
What year did the Trade Marks Act come into effect?
A) 1992
B) 1997
C) 2016
D) 1994
D) 1994
92 - Copyright(Computer Programs) Act
97 - Copyright and Rights in Database Regulations
List the salient points of the Trade Marks Act.
Criminalise:
- unauthorised use of a trade mark for profit by selling, importing or exporting, or dealing in imitations
List all 9 things that cannot be trademarked.
1) Protected emblems, e.g flags
2) Natural Phenomena - plants, animals
3) 3d shapes
4) Something that represents goods/ services
5) Something that adds value to goods/ services or has a function
6) Something that has become customary in a line of work
7) Something offensive
8) Something illegal
9) Something deceptive
What is a trade mark in the software industry?
The domain name, represents an IP address.
