TRADEMARK. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yaşar Üniversity Lecture Notes. firstname.lastname@example.org. The average person sees or hears more than 1,500 trademarks each day!. IMPORTANCE OF TRADEMARK. increased competition among companies undertaking trade in more than one country
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Dr. Özlem Döğerlioğlu IŞIKSUNGUR
Yaşar ÜniversityLecture Notes
the main purpose of a trademark is
-to identify thesource of a product and
-to distinguish that product from products coming from other sources.
What it is not
Classical definition: “A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors”.
- distinction (Also shows quality, origin/ be used as advertisement)
Two main characteristics:
-it must bedistinctive
-it should not be deceptive
Court of Justice of the European Communities, September 29, 1998 - Case C-39/97, Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc., formerly Pathe Communications Corporation:
“… according to the settled case-law of the Court, the essential function of the trade mark is to guarantee the identity of the origin of the marked product to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the product or service from others which have another origin.”
Article 15 - ProtectableSubjectMatter
1. Anysign, or anycombination of signs, capable of distinguishing the goods or services of one undertakingfromthose of otherundertakings, shallbe capable of constituting a trademark. Suchsigns, in particularwordsincludingpersonalnames, letters, numerals, figurative elements and combinations of colours as well as anycombination of suchsigns, shallbeeligible for registration as trademarks. Wheresigns are not inherently capable of distinguishing the relevant goods or services, Membersmaymakeregistrabilitydepend on distinctivenessacquiredthrough use. Membersmayrequire, as a condition of registration, thatsignsbevisually perceptible.
Article 2 - Signs of which a trade mark may consist
A trade mark may consist of any sign capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings.
to protect the name of the product rather than the invention or idea behind the product.
can be owned by individuals or companies
should be registered at agovernmental agency, which is usually referred to as the Trademarks Office.
Reference: WIPO Notes concerning General Course on Intellectual Property Rights
The most common way of protecting a trademark is to have it registered in the Trademark Register
degree of knowledge or recognition of themark in the relevant sector of the public and the duration, extent and geographicalarea of any use of the mark.