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Unregistered Trademark
An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute. As with registered trademarks, a common law trademark utilizes graphics, images, words or symbols, or a combination of such, to signify the distinctiveness or source of a product or service. In many countries, well-known unregistered trademarks may be protected by a common law passing off tort which prevents traders from passing off their goods or services as that of another. In these jurisdictions, protections for unregistered trademarks are usually weaker than for registered trademarks. However, some countries have no legal protections for unregistered trademarks. Although not required by law to do so, an unregistered trademark owner can append the mark with the letters "TM" (visualized by the trademark symbol ™). A ™ serves as notice to the public ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Registered 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 product or 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 Office (USPTO) or the European Union Intellectual P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the Goodwill (accounting), goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Symbol
The trademark symbol is a symbol to indicate that the preceding mark is a trademark, specifically an unregistered trademark. It complements the registered trademark symbol which is reserved for trademarks registered with an appropriate government agency. In Canada, an equivalent symbol, () is used in French. Canada also has an official mark symbol, , to indicate that a name or design used by Canadian public authorities is protected. Some German publications, especially dictionaries, also use a grapheme, (), which is informative and independent of the actual protection status of the name. Use Use of the trademark symbol indicates an assertion that a word, image, or other sign is a trademark; it does not indicate registration or impart enhanced protections. Registered trademarks are indicated using the registered trademark symbol, , and in many jurisdictions it is unlawful or illegal to use the registered trademark symbol with a mark that has not been registered. The ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Trademark Law
Australian trade mark law is based on common-law use-based rights as well as the ''Trade Marks Act 1995'' (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science. Use-based rights are less certain than registration, and depend on the mark having developed a reputation in the region in which a business owner seeks to enforce its common-law trade mark. Registration provides advantages such as constructive notice and nationwide rights. Among other things, the ''Trade Marks Act'' defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the ''Trade Marks Regulations'' 1995 (Cth)) sets out procedures for registration and other proceedings before the Registrar of Trade Marks. The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Trademark Law
Canadian trademark law provides protection to marks by statute under the '' Trademarks Act'' and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the ''Act'' or can alternately be protected by a common law action in passing off. Overview The scope of Canadian trademarks law A trademark is only protected to the extent that it is used by a person to distinguish a product or service from another. Trademarks do not give exclusive rights to a symbol, for instance, but only for the symbol in relation to a particular use in order to distinguish the product from others. Trademarks help potential customers to identify the source of products and thus have a significant impact on trade, especially when product identity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Law Of China
The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce ( SAIC). History China first established its ''Trademark Law'' in 1982. The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law. Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below). In 2000, China amended the ''Trademark Law'' to ensure compliance with its obligations with the TRIPS Agreement. Trademark registration China uses a first-to-file trademark registration system. Trademark registrants do not need to demonstrate their prior use of a trademark. See also * Intellectual property * La ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Mark Law Of The European Union
Trade mark law of the European Union is governed by European Union law together with national law within those countries which are also member states of the European Union. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a European Union trade mark). In the case of a European Trademark is granted a unitary character that applies protection for that mark across the whole of the EU with certain exceptions. Exceptions include but not limited to: specific language conflicts in a particular reason (see the "Combit" v "Commit" case for example) as well as the case where there was a previously granted national trademark that would conflict in the case of a given EUTM (article 138 Regulation (EU) 2017/1001). Within EU member states, national law implements directives so that the law governing national registrations in each jurisdiction is more or less equivalent; the eventual goal is harmonisation of trade mark law within the EU. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Trademark Law
Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry. The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement. History The law of trademark in India before 1940 was based on the common law principles of passing off and equity, as were followed in England before the enactment of the first Registration Act, 1875.Narayanan, p. 3 The fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Japanese Trademark Law
Japanese trademark law is mainly enacted by . Under this Act, only registered trademarks establish a "trademark" right (Article 18), and examination procedure is necessary for trademarks to be registered (Article 14). Japan's first modern trade mark law was enacted in 1884. The current Trademark Act was enacted in 1958, and has been amended several times since then. On the other hand, the protection for unregistered trademarks is provided by . English translation The definitive version of Japanese law is the text in the Japanese language. An official English-language translation of the law does not exist, but the Ministry of Justice Japan has the website "Japanese Law Translation", where users can search for Japanese laws and their unofficial English translation. IP laws such as Patent Act, Copyright Act, Trademark Act, Design Act and Unfair Competition Prevention Act are included there. In addition, J-PlatPat offers the public access to IP Gazettes of the Japan Patent Office ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an List of federal agencies in the United States, agency in the United States Department of Commerce, U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City, Virginia, Crystal City area of neighboring Arlington County, Virginia, Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services [it] provide[s]". The office is headed by the Under Secretary of Commerce for Intellectual Property, under secretary of commerce for intellectual property and directo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
