Trademarks

Question 1

Functions and purposes of the trademark

Answer 1

Dual purpose

1. Consumer protection – protecting the commercial origin of a certain product
2. Grant rights to trademark holders to promote fair and loyal competition – protecting the holder of a trade mark against competitors trying to use the goodwill of the mark

Question 2

Kinds of registrable trademarks:

Answer 2

• Word mark (Name & slogan, ex Nike)
• Device mark/ figurative (the apple for Apple or Disneys logo)
• Color mark (Tiffany, Barbie)
• Smell mark (Bubblegum)
• Sound mark (glassbilen)
• 3D mark (toblerone)
• Electronic format (ex. logo spinning in a special pattern)
  ○ Sound (more than notes)
  ○ Hologram
  ○ Multimedia Motion

Question 3

Registration vs. Establishment

Answer 3

Benefits of reg.

- Automatically defined geographical area and scope of products and commencement of protection
- Easier to prove existence of you right
- Easier to transfer
- Less risk of infringement

Consider:
- Registration cost vs. Cost of proving establishment
Easier for competitors to find a registration than an established mark

Question 4

Descriptive marks:

Answer 4

describe the product/service . American Airlines, International Business Machines, Bank of China

Question 5

Suggestive marks:

Answer 5

suggest what the product/service is. Netflix, Airbus, WeChat, PayPal

Question 6

Arbitrary and fanciful marks:

Answer 6

make no indication of what the product/service is.
Arbitrary marks: Puma, Apple, Shell
Fanciful marks: Volvo, Skype, H&M

Question 7

What can hinder trademark registration?

Answer 7

Absolute grounds of refusal
• Refusal in consideration of public interest.
• Cannot be overcome.

Relative ground of refusal
• Refusal in consideration private interests.
• Can be overcome with consent.

Question 8

Trademark Right holder

Answer 8

Trademark protection through

1. Registration – the person or organization that first registers
2. Establishment- the person or organization that has established the trademark