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MIP Trademarks > Week 1 > Flashcards

Week 1 Flashcards

Trademarks. Sources of law (international, European, national). Regulatory instruments. Modern notion of trade mark. Definition of a trademark. Conventional and unconventional trademarks. Certification marks. Collective marks. Unregistered trade marks

1
Q

What is a trademark?

A

is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.

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2
Q

What is a service mark?

A

is a trademark used to identify a service.

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3
Q

What is a word mark?

A

is a typewritten mark with elements including letter, words, numerals or standard typographic characters.

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4
Q

What types of trademark do you know ?

A
  • word marks,
  • figurative marks,
  • shape marks,
  • position marks,
  • pattern marks,
  • color marks,
  • hologram marks,
  • motion marks,
  • multimedia marks,
  • gesture marks,
  • sound marks
  • and other marks.
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5
Q

What is a figurative marks?

A

is a mark that consist only figurative elements, a combination of verbal and
figurative elements, verbal elements in non-standard fonts, verbal elements in color, verbal
elements in more than one line, non-EU alphabet signs that cannot be reproduced on
keyboard as well as combination of the above.

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6
Q

What is a shape mark?

A

is a mark consisting of, or extending to, a 3D shape, including containers,
packaging, the product itself or its appearance.

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7
Q

What examples of figurative marks do you know?

A
  • Purely graphic element
  • Combination of graphic element and text in standard font
  • Combination of stylized font and figurative elements
  • Verbal element in stylized font
  • Verbal elements in different fonts
  • Verbal elements only, over more than one line
  • Slogan in two different fonts, letters in different sizes, on more than one line.
  • Verbal element in non-EU alphabet
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8
Q

What is 3D Shape marks?

A

A shape mark is a mark consisting of, or extending to, a 3D shape including containers, packaging, the product itself or its appearance.

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9
Q

What is a position mark?

A

is a trademark consisting of the specific way in which places or affixed of the
product.

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10
Q

What examples of position mark do you know ?

A

EUTM n. 1777176 - a red dot on the joint of a pair of scissors… other distinguishing designs and/or design features in the pictorial representation are not trademark components.

Esso Express EUTM n. 9055765

The trade mark consists of the words “ESSO” and “EXPRESS” in the colors red and white applied to the exterior verical surfaces of canopies of vehicle services stations as depicted in the illustrative representation attached to the application, the reliefs, legs and underside of the canopy depicted (including those elements shown in broken lines) do not form part of the trade mark and are included only to show the positioning of the trade mark.

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11
Q

What is a pattern mark?

A

art. 3(3)(e) of implementing regulation we may de1ine
pattern mark as a trademark consisting exclusively set of elements that are repeated
regularly. The following is the case in point.

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12
Q

What is a color mark?

A

is a trademark that consist exclusively of a single color without contour (color
per se) or a combination of colors without contours.
➡ see Article 3(3)(f) of implementing regulation

color per se could be capable of functioning as a trademark providing that inter alia, it may be represented graphically in a way that is clear, precise, self-
contained, easily accessible, intelligible, durable and objective. (Heidelberg case)

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13
Q

What is protected in color mark?

A

• the shade of color(s) and
• in the case of more than one color, the systematic arrangement in a predetermined and
uniform way.

In Libertel the Court decided that color per se:
• may have a distinctive character and
• may be capable of distinguishing the goods and serviced of one undertaking from those of
other undertakings.

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14
Q

What is a hologram mark?

A

is defined as trademark consisting of elements with holographic characteristics (see article 3(3)(j) Implementing Regulation).

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15
Q

What is protected in color mark?

A

A color mark is a TM that consists exclusively of:

  • a single color without contour (color per se) or
  • a combination of colors without contours

is protected:

  • the shade of colors
  • in the case of more than one color, the systematic arrangement of the colors in a predetermined and uniform way.
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16
Q

What is a motion mark?

A

is defined as a trade mark consisting of, or extending to, a movement or a
change in the position of the elements of the mark.
see article 3(3)(h) of Implementing Regulation

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17
Q

What is a multimedia mark?

A

is defined as a trademark consisting of, or extending to, the
combination of image and sound (see article 3(3)(i) of Implementing Regulation).

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18
Q

What is a sound mark?

A

mark is de1ined as a trade mark consisting exclusively of a sound or combination of
sounds (see 3(3)(g) of Implementing Regulation).

Therefore, the trademarks combing the sound with e.g. movement do not qualify as sound
marks and should be applied as multimedia marks.

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19
Q

What other marks do you know or where you can find them?

A

Taking into account the above mentioned the Implementing Regulation, we can say that other
marks are marks that are not covered by the Article 3(3) of Implementing Regulation. Some
examples of other marks, e.g. tracer marks, smell/olfactory and taste marks and tactile marks
are discussed below.

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20
Q

What is a tracer mark?

A

Tracer marks are colored lines/threads applied to certain products. They are very popular in
the textile industry. There examples are colored lines on hoses or cables.

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21
Q

What is gesture mark?

A

A gesture has been mentioned as another kind of non-traditional mark.

More experience still be necessary to clarify: 
whether these marks are
- just another form of motion mark or 
- figurative mark, or 
- if it is a different sort of mark
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22
Q

What is smell and taste mark?

A

there have been no
successful registration since the decision of the European Court of Justice in Ralf Sieckmann v
Deutsches Patent und Markenam. This is because the representation of such marks must be
clear, precise, self-contained, easily accessible, intangible, durable and objective.

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23
Q

What is tactile mark?

A

is colored lines/threads applied to certain products. They are very popular in the textile industry. Other examples are colored lines on hoses or cables.

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24
Q

True or False?

A trade mark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises.

A

True

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25
Q

True or False?

The above mentioned concept of ‘goods’ refers to products on which the trade mark can be physically affixed, directly or by means of labels or packaging.

A

True

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26
Q

True or False?

A service mark is a trademark used to identify a service. The notion of ‘services’ refers to activities of an intangible nature.

A

True

27
Q

True or False?

This was the correct answer
A service mark is very similar to a trademark, except that it is used to distinguish services provided by one enterprise from those of other enterprises. The notion of ‘services’ refers to activities of an tangible nature.

A

False

28
Q

True or False?

Any distinctive word, letter, numeral, drawing, picture, shape, color, logotype, label or combination used to distinguish goods or services may be considered a trade mark.

A

True

29
Q

True or False?

A product’s shape is a sign which may not constitute a trade mark.

A

False

30
Q

True or False?

The registration of less traditional forms of trade marks – such as single colors, audible signs, olfactory signs, taste signs – may be subject to limits in certain countries.

A

True

31
Q

True or False?

Any distinctive word, letter, numeral, drawing, picture, shape, color and logotype used to distinguish goods or services may be considered a trade mark.

A

False

32
Q

True or False?

Trade marks are not protected by intellectual property rights.

A

False

33
Q

True or False?

Trademarks are classified as the intellectual property, along with patents and copyrights, among others.

A

True

34
Q

True or False?

A word mark is a typewritten mark with elements including letters, words, numerals, standard typographic characters or a combination of verbal and figurative or otherwise graphical elements.

A

True

35
Q

True or False?

A shape mark is a mark consisting of, or extending to, a three-dimensional shape, including containers, packaging, the product itself or its appearance.

A

True

36
Q

True or False?

A position mark is defined as a trade mark consisting of the specific way in which the trade mark is placed on or affixed to the product

A

True

37
Q

True or False?

A hologram mark is defined as a trade mark consisting of elements with holographic characteristics.

A

True

38
Q

True or False?

A colour mark is a trade mark that consists exclusively of a single colour without contour (colour per se) and a combination of colours.

A

False

39
Q

True or False?

A colour mark is a trade mark that consists of a colour or a combination of colours.

A

False

40
Q

True or False?

A figurative mark is a mark which may consisting, inter alia, of exclusively figurative elements, verbal elements in non standard fonts or verbal elements on more than one line.

A

True

41
Q

True or False?

A figurative mark is a mark which may consisting, inter alia, of exclusively figurative elements, verbal elements in standard fonts and verbal elements on more than two lines.

A

False

42
Q

True or False?

Trade marks combining movement with sounds do not qualify as motion marks.

A

True

43
Q

True or False?

Trade marks combining movement with sounds should be applied for as motion marks.

A

False

44
Q

True or False?

Tracer marks are coloured lines or threads applied to certain products.

A

True

45
Q

True or False?

Tactile marks are relative to the texture of a surface, which may be for example a packaging product.

A

True

46
Q

True or False?

This was the wrong answer
In principle, smell and taste marks can be registered

A

True

47
Q

True or False?

A sound mark is defined as a trade mark consisting, inter alia, of a sound.

A

Fasle

48
Q

True or False?

A multimedia mark is defined as a trade mark consisting of, or extending to, the combination of image and sound.

A

True

49
Q

True or False?

You should have selected this answer
A multimedia mark is defined as a trade mark consisting of, or extending to, the combination of image.

A

False

50
Q

True or False?

Trade marks combining sounds with movement do not qualify as sound marks per se and should be applied for as multimedia marks.

A

True

51
Q

True or False?

A pattern mark as a TM consisting exclusively of a set of elements that are repeated regularly

A

True

52
Q

True or False?

A motion mark is defined as a trade mark consisting of, or extending to, a movement or a change in the position of the elements of the mark.

A

True

53
Q

True or False?

A motion mark is a trade mark consisting of, or extending to, a movement and a change in the position of the elements of the mark.

A

False

54
Q

True or False?

A motion mark is a trade mark consisting of a movement and a change in the position of the elements of the mark.

A

False

55
Q

True or False?

A motion mark is a trade mark extending to a movement and a change in the position of the elements of the mark

A

False

56
Q

True or False?

The recent EU Trademark Reform – pursuant to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union Trade Mark (Regulation 2017/1001) and Directive 2015/2436/EU of the European Parliament and of the Council of 16 December 20 to approximate the laws of the Member States relating to trade marks (Directive 2015/2436/EU) - abolished the original requirement of ‘graphical representation’ of the sign.

A

True

57
Q

True or False?

The abolition of the graphic representation requirement was aimed at providing greater flexibility and enabling the registration of other types of trademarks.

A

True

58
Q

True or False?

According to the amended EU legislation, a sign can be registered if it is capable of distinguishing the goods or services of an undertaking from those of other undertakings and being represented in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor

A

True

59
Q

True or False?

According to the amended EU legislation, a sign can be registered if it is capable of distinguishing the goods or services of an undertaking from those of other undertakings and being represented in a manner which enables the competent authorities to determine the clear and precise subject matter of the protection afforded to its proprietor.

A

False

60
Q

True or False?

The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise, accessible, intelligible, durable and objective. This specific criteria now comprise the legal standard known as the Sieckmann Criteria.

A

False

61
Q

True or False?

The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

A

True

62
Q

True or False?

The recent EU Trademark Reform – pursuant to Regulation 2017/1001 and Directive 2015/2436/EU - abolished the original requirement of ‘graphical representation’ of the sign. Signs can be represented in any appropriate form as long as the representation is clear, precise and objective

A

False

63
Q

True or False?

Generally, the term “non-traditional marks” covers marks, other than word, figurative or complex marks, that are used to identify goods or services

A

True

MIP Trademarks (15 decks)

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