Trademark

Question 1

What is trademark?

Answer 1

Not a subset of copyright

Identifies the source of goods or services

Question 2

What are the types of trademark? (2)

Answer 2

1. Trademark for goods: word, phrase, symbol, design that identifies and distinguishes the source of goods
2. Service: distinguishes source of service

Question 3

How to define trademark in Singapore? What does a sign include?

Answer 3

1. A sign can be represented graphically
2. Can distinguish goods or services of the provider

Sign includes: letter, word, name, signature, shape, colour. LWNSSC (LWN sucks such cock)

Question 4

Trademark for colour is..? examples?

Answer 4

Battled for in some jurisdictions

Tiffany blue box, pantone

Question 5

Trademark registration is… (4)

Answer 5

1. Not needed for trademark to be valid
2. Optional, but wise
3. for a 10-year term
4. has indefinite renewals

Question 6

After registering trademark, after the use or before the first use, you

Answer 6

declare bona fide = genuine intent to use

Question 7

Trademark can be deemed abandoned after

Answer 7

5 years of use

Question 8

If trademark is not registered,

Answer 8

The common law of passing off still available

Question 9

What is the registration process for trademarks (5)

Answer 9

1. Apply
2. Trademark office examines mark and searches for conflicting mark
3. Claim published for opposition by others
4. Trademark office decides
5. Either party can appeal to court

Question 10

Is trademark notice needed for trademark to be valid?

Answer 10

No

Question 11

What are the types of trademark notice?

Answer 11

Before Registration: TM for goods, SM for services

After registration: R

Question 12

What are trademark classes?

Answer 12

Classes are where trademark protects goods, services in the class in which you register
Prevent locking up a mark in a class which it is not used