122758
| Question | Answer |
| What do you get with a trademark? | Badge of Origin (as to goods and services) Distinctiveness Monopoly right Public perception |
| 3 part definition | 1. Sign 2. Capable of graphical representation 3. Capable of distinguishing goods and services |
| Registrability | s. 3 - absolute grounds to refuse s.5 any relative grounds |
| Likelihood of confusion | likelihood of confusion (Canon v MGM) - point of view average consumer Confusion earlier unreg right (aq distinctiveness) |
| Intel Corp | Must be a LINK between earlier and later mark Taking UNFAIR ADVANTAGE |
| Pre-Application | Identify the mark to be applied for PRECISELY & How to REPRESENT IT |
| Deadline for filing application to oppose | 2 months from date of publication |
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