Flashcards
Trade Mark Intro
Cards in this deck (7)
- 1Why do businesses need Trade Marks?To be able to identify their goods to the consumer, and to distinguish them from goods made or sold by others.
Businesses want to protect their Trade Mark so that competitors cannot steal their consumers by using the same or similar mark.
The badge of origin will allow their goods and services to be identified by their source.
A Trade Mark can identify the reputation and quality of the products/services and can allow business to gain faithful customer. Businesses don't want their consumers to be confused by other products or someone to ruin the reputation of their business. - 2What do Trade Marks protect?They protect the identification of the business, for example their logo, name, and website addresses.
- 3What is the purpose of a Trade Mark?1. Protect goodwill/reputation that business has developed around trade
2. Prevent public from being deceived as to the origin of goods/services (utilitarian justification for IP) - 4What is Trade Mark law protection criteria?s1(1) Trade Mark Act 1994 states a trademark is:
1. Any sign
2. capable of being represented graphically
3. which is capable of distinguishing goods or services
4. of one undertaking from those of other undertakings - 5What does S1(1) of the Trade Mark Act 1994 in relation to what could be Trade Marked?Words (including personal names)
Designs
Letters
Numerals
Shap of goods or their packaging
(can be almost anything, don't forget to look at case law to see other exceptions to what can be protected) - 6S42Trademarks are licences for a period of 10 years, and renewable indefinitely.
- 7s24They can be licenced to third parties
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- Intellectual Property (Trade Marks) Flashcards on Trade Mark Intro, created by James Dolton on 05/03/2018.
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- James Dolton
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