Hologram Trademark
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Hologram Trademark
A hologram trademark is a non-conventional trademark where a hologram is used to perform the trademark function of uniquely identifying the commercial origin of products or services. In recent times holograms have been increasingly used as trade marks in the marketplace. However, it has traditionally been difficult to protect holograms as trademarks through registration, as a hologram was not considered to be a 'trademark'. This issue was addressed by the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, which broadened the legal definition of trademark to encompass "any sign...capable of distinguishing the goods or services of one undertaking from those of other undertakings" (article 15(1)). Despite the recognition which must be accorded to holograms trademarks in most countries in other fields of the art, the ''graphical representation'' of such marks sometimes constitutes a problem for trademark owners seeking to protect their marks, ...
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Non-conventional Trademark
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services. The term is broadly inclusive as it encompasses marks which do not fall into the conventional set of marks (e.g. those consisting of letters, numerals, words, logos, pictures, symbols, or combinations of one or more of these elements), and therefore includes marks based on appearance, shape, sound, smell, taste and texture. Non-conventional trademarks may therefore be ''visible'' signs (e.g. colors, shapes, moving images, holograms, positions), or ''non-visible'' signs (e.g. sounds, scents, tastes, textures). Trends and issues Certain types of non-conventional trademarks have become more widely accepted in recent times as a ...
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Trademark
A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colours used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark ...
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Hologram
Holography is a technique that allows a wavefront to be recorded and later reconstructed. It is best known as a method of generating three-dimensional images, and has a wide range of other uses, including data storage, microscopy, and interferometry. In principle, it is possible to make a hologram for any type of wave. A hologram is a recording of an interference pattern that can reproduce a 3D light field using diffraction. In general usage, a hologram is a recording of any type of wavefront in the form of an interference pattern. It can be created by capturing light from a real scene, or it can be generated by a computer, in which case it is known as a computer-generated hologram, which can show virtual objects or scenes. Optical holography needs a laser light to record the light field. The reproduced light field can generate an image that has the depth and parallax of the original scene. A hologram is usually unintelligible when viewed under diffuse ambient light. When s ...
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Marketplace
A marketplace, market place, or just market, is a location where people regularly gather for the purchase and sale of provisions, livestock, and other goods. In different parts of the world, a marketplace may be described as a ''souk'' (from Arabic language, Arabic), ''bazaar'' (from Farsi language, Persian), a fixed ''mercado (other), mercado'' (Spanish language, Spanish), itinerant ''tianguis'' (Mexico), or ''palengke'' (Philippines). Some markets operate daily and are said to be ''permanent'' markets while others are held once a week or on less frequent specified days such as festival days and are said to be ''periodic markets.'' The form that a market adopts depends on its locality's population, culture, ambient, and geographic conditions. The term ''market'' covers many types of trading, such as market squares, market halls, food halls, and their different varieties. Thus marketplaces can be both outdoors and indoors, and in the modern world, online marketplaces. ...
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World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, trade in services, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, Import quota, quotas, and other Trade barrier, restrictions; these agreements are signed by representatives of member governments. (The document's printed folio numbers do not match the PDF page numbers.) and ratified by their legislatures. It also administers independent dispute resolution for enforcing ...
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Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement, international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration on the TRIPS agreement and public health, Doha Declarati ...
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Trademark Trial And Appeal Board
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief. The TTAB decides '' ex parte'' appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit. Practices and procedures for litigating before the TTAB are governed by the Trademark Rules of Practice and the Federal Rules of Civil Procedure. The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is an important guide to practice before the TTAB. Judges of the TTAB The Administrative Trademark Judges of the Trademark ...
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Trademark Manual Of Examining Procedure
The Trademark Manual of Examining Procedure (TMEP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by trademark attorneys and trademark examiners. It describes all of the laws and regulations that must be followed in order to apply for and maintain a trademark in the United States. It includes explanations of the trademark application and examination process, the various types of trademarks, the Madrid Protocol, and proceedings before the Trademark Trial and Appeal Board. The current edition of the Trademark Manual of Examining Procedure is the October 2018 edition. See also * Acceptable Identification of Goods and Services Manual * Trademark Official Gazette * Manual of Patent Examining Procedure The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be ...
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Community Trade Mark
A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU). The EU trade mark system creates a unified trade mark registration system in Europe, whereby one registration provides protection in all member states of the EU. The EU trade mark system is ''unitary'' in character. Thus, an objection against an EU trade mark application in any member state can defeat the entire application, an EU trade mark registration is enforceable in all member states. The EU trade mark system is administered by the European Union Intellectual Property Office (EUIPO), which is located in Alicante, Spain (see also trade mark law of the European Union). Characteristics The EU trade mark gives its proprietor a uniform right applicable in all member states of the European Union on th ...
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Holography
Holography is a technique that allows a wavefront to be recorded and later reconstructed. It is best known as a method of generating three-dimensional images, and has a wide range of other uses, including data storage, microscopy, and interferometry. In principle, it is possible to make a hologram for any type of Holography#Non-optical holography, wave. A hologram is a recording of an Wave interference, interference pattern that can reproduce a 3D light field using diffraction. In general usage, a hologram is a recording of any type of wavefront in the form of an interference pattern. It can be created by capturing light from a real scene, or it can be generated by a computer, in which case it is known as a computer-generated hologram, which can show virtual objects or scenes. Optical holography needs a laser light to record the light field. The reproduced light field can generate an image that has the depth and parallax of the original scene. A hologram is usually unintelligi ...
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Intellectual Property Law
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide ...
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