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.