Case Study Of Gathya Trademark Law

Various international treaties, documents and directives dealing with intellectual property are giving recognition to non-traditional trademarks, in one form or the other. On the State level, while few nations have recognized non-conventional trademarks , few restrict their understanding to the traditional meaning of trademarks . The extent to which a nation recognizes these non-traditional marks depends upon the manner in which it defines the scope of Trademark

A trademark protects well-known brand logos and helps differentiate them from similar products or services. When you register for a trademark, you are entitled to display the ® symbol (registered trade mark). If you are registered for this, others must request permission If they wish to use your brand. If permission is not requested, legal action can be

After viewing the previous examples and analyzing their identity through some critical eyes, it might be easier to understand why these companies are on the top 10 of many lists and reviews online. So if we were to follow the previous rules discussed and used the past marks as inspiration to create a trademark for a catering company in New York City, these could be some of the results. Where there is a play between a more iconographic looks or clean designs in order to foster that idea of a high-end clientele.

The inherent distinctiveness test under trademark law provides that for a mark to be eligible for registration it should have a distinctive character. Only inherently distinctive marks or marks which have acquired distinctiveness due to its use can be registered. In assessing whether a mark is distinctive, the courts look at the consumer’s reaction to the mark. A mark will have distinctive character if an average consumer of the product will identify the mark with the product which it represents from those of its competitors. The test of individual character on the other hand provides that a design will have an individual character if the overall impression the design produces on an informed user differentiates the products from those of its competitors. It is apparent that these two test rely on the perspectives of an average consumer and those of and informed user respectively. Although the definition of an average consumer and those of an informed user are different, the requirement to establish inherent distinctiveness and individual character are almost similar.

Then, Salha (2011) explained how trademarks help businesses generate revenue and help consumers distinguish the products of one company from the products of another company (p. 477). By showing the economic necessity for trademarked slogans and the need that consumers have for trademarked slogans, Salha further connected with his audience, which was mostly comprised of consumers, and he emotionally convinced his audience that reasonable trademarks benefit everyone. Lastly, Salha (2011) compared his previous example of “You’re fired” along with other examples to the definition and the purpose of a trademark in order to demonstrate that such examples do not serve the same purpose as a trademark (p. 478). By comparing poor examples of trademarks to the definition of a trademark, Salha showed that trademarking rights can be abused, and he further established the purpose that a proper trademark serves for a business or other

Removal of trademarks, can a brand be identified it? All along, the brand for the dissemination of the audience is narrowly limited to text, sound and images in this in several ways, so that

In this report, a trademark has been designed for a new startup company, which provides services related to water filtration and technologies in mining and irrigation sector. Trademark specifically deals with new water filtration process for mining sector. Different types of trademark discussed and which one chosen and why chosen has been explained. Further Application process of filing trademark in Australia is explained in detail including five-step application process and in case of rejection of application what can be strategy to refile and make application successful.

Some brands developed because of its uniqueness that being recognized by consumers who are seeking for characteristic. In such circumstances, being different is a way to draw consumer’s attention and transfer this emotion into benefits. In this point, some sports sponsorship can be seen as a way that brands try their best to achieve uniqueness via patent.

Logos belong in their own category of IP, where there is a grey area of what means of protection is necessary, somewhere between copyright and trademark. Businesses are known to use both to protect such logos. Companies that provide services for logos, branding, and merchandising from a third party standard often feel the ramifications of misusing their customer’s logos for their own marketing purposes. Copyright and trademark infringement are among the most common types of marketing misuse. There is often confusion between using protections with copyrights versus trademarks. A copyright protects an original work of authorship fixed in a tangible medium of expression. However, a trademark protects sources, including words, symbols, smells, pictures, and sounds, that are used to identify the source of goods and distinguish them from goods sold by others (Harazin 2012).

Trademark is a sign, design, or expression used in order to set a usiness apart. Trademarks serves as two primary functions. The first is to provide rotection to manufacturers and traders by not allowing unfair cometition. It also protects customers from impersonations. Trademarks today are considered property, meaning that trademarks can be sold, inherited, or even leased as long as it is not the intent to fool the customer.

It was held that the name Marks and Spencer could not have been chosen for any other reasons except that it was associated with the well known retailing group . In another case, it was held that the Internet domain names are of importance and can be valuable corporate assets and that a domain name is more than an Internet address. A company carrying on business of communication and providing services through the Internet, carried a domain name “REDIFF” which had been widely published. The defendant company also started using the same domain name transcripting it as “RADIFF”. It was found that the only object in adopting this domain name was to trade upon the reputation of the plaintiff’s domain name. An injunction was ordered

We are about to discuss about the proprietor’s right to prevent third parties from infringing trademarks which are being governed by Article 5 of the TMD. According to Article 5(1), there will be an infringement of trademarks if third party uses similar or identical signs to the trade mark in the course of trade. As an alternative way to protect trademark infringements, the UK has incorporated another legislation through the directive, which is s10(3) of TMA 1994 with the effect of an anti-dilution provision. As stated under Article 5(2) : ”Any Member State may also provide that the proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or similar to, the trade mark in relation to goods or services

Based on Zizi’s case study, there are some legal issues on intellectual property and the legal methods that Zizi have to understand so that he may employ to protect his business property.

In this part, the thesis would introduce how compulsory licensing works, and analyze possible situations of misuses conducts regarding different IPR contexts. This thesis intends to explore the possibility of anticompetitive conducts regarding different IPRs, such as trademark, copyright, patent, design right, pharmaceutical and bio-technological inventions, and whether issuing a compulsory is a proper remedy.

More than 500,000 brands are registered globally with pertinent regulatory bodies in different countries. Brands serve their owners by allowing them to cultivate customer recognition of, and loyalty toward, their offerings. Brands also serve the consumer by supplying information about the quality, origin, and value of goods and services. Without brands to guide buying decisions, the free market would become a confusing, faceless crowd of consumables. An established and respected brand can be the most valuable asset a company possesses. As manufacturers gained access to national markets, numerous brand names were born that would achieve legendary global status such as Coca-Cola which is an example of initial a brand that would become common household name by the mid-1900s.Brand extension for Coca Cola products enjoyed a great deal of popularity during the late 1990s. As product development and advertising costs increased, many companies sought to leverage the equity in their existing brands rather than attempting to launch new brands. But businesses must be careful not to go too far with line extensions, at the risk of damaging their brand name or diluting its