Trademarks
Introduction to Trademarks
Welcome to trademarks lecture.
Focus on the trademarks primer from the course homepage.
Key sections highlighted in yellow for importance and exam focus.
Encouragement to read all sections, skipping those previously covered.
Definition of Trademark
A trademark: word, symbol, design, or combination distinguishing products/services.
Represents the goods/services and producer’s reputation.
Legal protection against misuse and imitation for registered trademarks.
Distinction Between Trademark and Copyright
Trademark protection tied to specific use in commerce.
Unlike copyright, which protects the work itself irrespective of use.
Trademark Usage and Infringement
Trademarks must be used in selling goods/services to be protected.
Example: "Apple" as a trademark vs. potential infringement through imitation.
Infringement occurs by using similar marks to deceive consumers about the origin.
Categories of Trademarks
Ordinary Marks
Words/symbols distinguishing wares or services.
Example: Opening a courier business named "Giddyup."
Certification Marks
Owned by one entity but licensed to others meeting standards.
Example: Woolmark for textile quality.
Distinguishing Guise
Shapes or packaging that signify goods.
Example: Unique candy shapes or Coca-Cola bottle shape.
Trade Name vs. Trademark
Trade name: business name; can register as a trademark if used for marketing goods/services.
Example variations in usage of trade name in ice cream business.
Registered vs. Unregistered Trademarks
Registration recommended for stronger protection.
Registered trademark: exclusive rights for 10 years, renewable.
Provides prima facie evidence of ownership in disputes.
Trademark Agents
Registration must be handled by a trademark agent, not just any lawyer.
Agents can be non-lawyers specifically trained.
Entities Eligible to Register Trademarks
Various entities: companies, individuals, partnerships, unions.
Duration and Geographic Limits of Registered Trademarks
Protection lasts for 10 years, must renew if still in use.
Registration valid only in the registering country; foreign trademarks need local registration.
Prohibited Marks
Certain symbols, including government insignia, cannot be registered.
Requirements for Trademark Registration
Must not be clearly descriptive (e.g., "sweet ice cream").
Must avoid misleading descriptions (e.g., "sugar sweet" for artificially sweetened products).
Geographical names not typically registrable unless no connection is established.
Summary of Eligible Trademarks
Can register distinctive or non-descriptive marks.
Example of successful applications: Polar bear ice cream (if unique), Venus ice cream.
Disclaimers necessary for descriptive parts of trademarks.
Concluding Remarks
Recommended to review the trademarks primer independently.
Open to questions and further clarifications.