A trademark is a sign to distinguish your won products (or services) from your competitors: it is a distinctive sign. Distinctive is important that it is not descriptive for the products or services offered in combination with your trademark:

Trademarks are:
* A word mark ('philips')
* Figurative design ('windows logo')
* Combined word and design mark
* 3 Dimensional mark (Toblerone shapes)
* Color mark ('yellow pages': must be distinctive through extensive use)
* Sound mark ('a tune')

Do's:
* Avoid the use as a noun, verb or adjective
** Philishave
** iPod
** Readius
Don't:
* Use technical arguments in a trademark

Classification system:
* Does not qualify whether there is a similarity between the good and service or not.

!Preconditions and pitfalls
A precondition for protection is a registration of the trademark in the country where the sign is going to be used (first to file principle). The scope of protection:
* Distinctive character
** Prima facie
** Through extensive use (proof that it has become a trademark through extensive use)
* Likelihood of confusion
** Might the public think that the trademarks originate of one and the same or an economic related company
* Mostly for 10 years, infinite renewable.

For Lego there where some pitfalls:
* Results from the nature of the goods themselves
* Is necessary to obtain technical results
* Gives substantial value to the goods

!Where / How
A trade mark can be registered
* In the national registers of each country
* In the community trademark register
* Via an international registration

!Examples:
* Orange for juice -> Not OK
* Orange for telecom -> OK
* Development4you for an engineering office -> Not OK
* Good call for telecom -> Not OK


Difference //trade name// and //trade mark//:
* Distinctiveness
** Name of a company and (some) distinctiveness
* Scope of protection
** Nature of the company
** Geographical spread
bag
mbi_public
created
Fri, 08 Apr 2011 09:40:22 GMT
creator
dirkjan
modified
Fri, 08 Apr 2011 09:40:22 GMT
modifier
dirkjan
tags
M14
Term
creator
dirkjan