Statutory intellectual property protection
6 important questions on Statutory intellectual property protection
What is trade mark
Fanciful or arbitrary marks
Fanciful marks are ‘made up’. Arbitrary marks are not original words, but are distinctive because they are used in a meaningless context.
How long does a patent last?
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Infringment - trade mark
A commercial character is required for infringement unless there is:
An unfair advantage for the one who infringes
Damage to reputation
Trade mark dilution
Only relevant to famous trade marks; trade marks of repute.
Likelihood of confusion does not have to be demonstrated.
Reputation is determined by the following factors:
Market share, intensity of sale, geographical location, duration of use and the advertising of the mark
Trade mark dilution part 2
The use by someone else makes the mark less unique.Tarnishment
The positive reputation of the mark could be ruined.
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
