Essay on Trademark Inc. 03-05

I remember, when first getting some answers concerning trademark law, thinking how exceptional it was that having your name be seen as "nonexclusive" was a ghastly thing. In light of current circumstances, when your picture got the chance to be synonymous with the thing you were putting forth (think Kleenex, Xerox, Band-Aid et cetera.) it inferred that you had genuinely overpowered the thing class. Be that as it may... on the off chance that you're a lawyer. Since the anxiety, clearly, is that if your picture gets the opportunity to be insipid, you lose the trademark, and thereafter suddenly others can make use of that brand that you worked so hard to create. I'm still not convinced that is truly an issue in the event that you're a keen operators,

In today’s world, the role of IT has turned accounting estimated critical in financial reporting and disclosure. Houghton and Fogarty have said that non-accurate or incorrect estimates have often caused to misstatements in audit report (Gray & Manson, 2007).

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

Loss of control of the licensee manufacture and marketing operations and practices leading to loss of quality.

Poor Quality - Items returned by customers increased from 1% to 3%. One tenth of the boards returned to the Donner Company were damaged or out of tolerance while the rest were returned due to the company not completing one or two different required operations.

The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government

In determining whether a trademark is inherently distinctive or not, the courts have come up with certain tests. The classic test for determining a trademark’s distinctiveness was outlined in Abercrombie & Fitch Co. v. Hunting World, Inc. The Abercrombie spectrum is one of the most accepted one in trade dress cases, and is has a universal acceptance in determining trade dresses distinctiveness. The prime factors that are considered in the court are the degree to which the trademark or trade dress is generic, descriptive, arbitrary, suggestive, or fanciful. Some courts include this widely accepted test into their own versions of tests.

Establishing a strong brand is critical to business success. Protecting a brand is equally as important. According to Law for Recreation & Sport Managers, they discuss on what exactly is a trademark and is recognized as ”any word, name, symbol, or device, or any combination thereof, adopted or used by some entity to identify their goods and distinguish them from those manufactured or sold by others” (Cotten & Wolohan, 2017). The purpose of a trademark is to protect the owner and to prevent others from using the mark in a way that will cause confusion. In this case, The University of New York (UNY) has filed for federal trademark registration their name and logo, however, the New York Yankees and New York University (NYU) filed an objection on their own expressing that UNY infringed on the Yankees logo and also infringed on the name of New York University as well.

Ok so in this paper I will be looking at the Simply Green Product brand and seeing what can be done with their company as far as their patenting and packaging of their product SafePac. So there is a lot of information that will be covered here. Also we have to look at the time frame that SGB was using the SafePac logo, on their equipment. The other thing is that we have to look at the trademark and the other laws that incorporate trademarks and patents. So listed below is the topics that I would like to discuss briefly.

Businesses often enter into licensing agreements to use a trademark belonging to someone else. One of the most essential circumstances to consider before expending any resources on a trademark license is what happens in the event that the owner of the trademark declares bankruptcy. Businesses who develop products, perform research, and make sales revolving around a trademark license, savvy planning in advance is essential for protecting their interests. Poor planning or a failure to do so can result in the license being revoked, even if paid for in advance, resulting in the licensee's business potential failure. A more in-depth article on this issue is now available on our website.

Trademark law “cornerstone” is to prevent consumer confusion through the use of another’s protected mark. A trademark need not be identical to another mark in order to avoid litigation. Rather, a similar mark on a similar good can be enough for a wine producer to challenge another’s use of a particular mark. The challenge of an “applicant’s or registrant’s mark” being “confusingly similar to one’s prior registered or common law mark” is the “most frequent basis” for denying a mark’s registration. Preventing consumer confusion is important because a mark that is likely to confuse consumers “potentially disadvantages both individuals who are tricked by confusing…trademarks into purchasing goods…other than those they intended to procure, and the

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.

Branding is a tool to make the goods of one producer different from another producer (Keller, 2003). Carroll (2008) asserts that branding is a sign of quality, and it is helpful to increase

The value of intellectual property is something that can be debated among the rack and file members of any industry, but the measures created to protect IP of all shapes and sizes has been affected in preventing companies from establishing intellectual property that would benefit the organization. The basis of this response paper is to address the value of intellectual property for the Wendy’s company, throughout the paper the writer will answer vital questions regarding IP and Wendy’s. Intellectual capital is the intellectual property used by an organization to generate revenue for the organization. Companies such as Wendy’s depend on the intellectual property to separate themselves from the pack of competition within their industry. “The success of our business strategy depends, in part, on our continued ability to use our existing trademarks and service marks in order to increase brand awareness and further develop our branded products

In this research paper, I have included the importance of branding in the strategy of the company. Branding theory and practice evolved in the latest years, being considered a valuable marketing investment. Branding is essential in creating value for the products of a company. Branding is important because it gives meaning to the consumption process. Companies understood that selling without the presence of a strong brand is much more difficult. I realized an intersection of the branding and marketing strategy theories. Branding can be regarded as a tool that can enforce all resources of a company towards implementing the strategy.