PPT-“Trade Mark – Practice and Procedure”

SKGK amp ASSOCIATES LLP COMPANY SECRETARIES SKGK TRADEMARK SKGK SKGK MEANING OF MARK AND TRADEMARK What is a mark Mark includes a device brand heading label name signature word letter numeral shape of goods packaging or combination of . Registrability: s. 12. Registrable. & Entitlement to Register. Distinguish . Is the mark registrable?. This. is a characteristic of the mark. Who. is entitled to registration?. Who. is the owner of the mark. Nicholas Smith. Barrister, Blackstone . Chambers, Panellist at WIPO Arbitration and Mediation . Center. nicholas.smith@blackstone.com.au. A CLE Presentation for the . Learned Friends professional conference, Lord Howe Island. Infringement. Three . Types of Infringement. s.19 . – Use of the . same mark in respect of the same wares. Rarely . litigated. s.20 . – Use of a confusing mark. Most . common. s.22 . – Depreciation of goodwill. Trade-marks. A trade-mark is any mark which identifies the source of the wares. Trademark in the US. Trade mark in the UK. Trade-marks. Trade-marks are protected by. The common law of passing off. Passing off was once known as unfair competition . Loss of Distinctiveness. Generally, a mark can lose distinctiveness in two ways. Used by a competitor as a mark for a sufficient period of time that the public no longer associates the mark with the original owner. - Hire Cases William Hibbert Adapting procedure to credit hire Credit hire cases are of course subject to the standard rules of practice and procedure and this article does not attempt to be a r evie Comparison. Registration . Registration is a pre-requisite to protection under the . Trade-marks Act . No registration required for passing off. Comparison. Reputation/use. It is not necessary to establish reputation under the Act. Territoriality In Trade Mark Law, . Protection Across Borders And Licensing. 31 October . 2014. Erasmus . University Rotterdam. . Graeme B. Dinwoodie. . Territoriality and Trade Marks. A Conventional Account. David . Spratley. October . 1, 2014. The Plan. trade-mark basics. trade-marks and video games. traditional issues. non-traditional issues. recap. Trade-mark Basics. What is a trade-mark?. Trade-marks Act:. Nicholas Smith. Barrister, Blackstone . Chambers, Panellist at WIPO Arbitration and Mediation . Center. nicholas.smith@blackstone.com.au. A CLE Presentation for the . Learned Friends professional conference, Lord Howe Island. Brexit. and Parallel Importation. China. . 2017. Jasem Tarawneh@manchester.ac.uk. . What is a Trade Mark. ‘any . sign capable of being represented graphically which is capable of distinguishing goods and services of one undertaking from those of another undertaking’ . Section 1(1) of the TMA 1994. “Protecting your brand”. Trade Mark (TM) . – (Brand) a sign that is graphically represented and . i. dentifies and distinguishes the goods and services of one business from those of another.. . Acquired Distinctiveness through Use. OUTLINE. Genuine Use of a TM: General principles; . Acquired Distinctive Character through Use: General Principles. EU. UK . France. Germany. ‘Genuine Use of a TM’. Becoming a Trade Mark Attorney. Patricia Collis. Wednesday 17 February 2016. Outline. A bit about me – why trade marks?. What is a TM attorney?. What does a TM attorney do?. Case study. How to qualify as a TM attorney.