TRADE MARKS

TRADE MARKS

1. trade mark is the symbol by which the goods of a particular manufacturer or trader can be identified and distinguished from the goods of others.

   • Registration of a Trade Mark
     • a trade mark is an integral part of a company’s marketing strategy, so rather than rely on an unregistered trade mark that may be contested and lost,

2. protection is sought. To qualify for registration, the mark:

   • Must be distinctive
   • Must not be descriptive of the goods
   • Must not be capable of deception or confusion with marks already applied for or registered.

3. International Registration

   • The CTM provides a facility to make a single application at the CTM office in Alicante,
   • The system is similar to the PCT system

4. Duration of a Trade Mark

   • The term of a trade mark in most countries is for 10 years,

5. Trade Mark Use

6. Requirements of a Design

   • It must fall within the definition of a ‘design’
   • It must be novel (absolute worldwide novelty, similar to patent law);
   • It must have ‘individual character

7. There is a 12-month grace period, which can be useful for test marketing before deciding to file an application

8. The right provides a monopoly for the design per se irrespective of the product class

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