Archive for the ‘Trademark’ Category
The trademark is a sign which allows the consumer to distinguish among more identical or similar products. It is what helps him recognize a certain product, by associating the sign with it.
A complete definition would state that the trademark is a sign associated to both products and services, supposed to permit the consumer to draw a distinction among identical products on one hand, and not to induce to his mind that similar products have the same origin, on the other hand.
If a trademark doesn’t meet these features, a consumer could confuse the identical/similar products which have different origins, as well as he could not confuse them, but assign them to the same origin. We are talking about a risk of confusion, in the first case, and one of association in the second case.
If we admit the idea that a trademark is actually a feature that a man must recognize by using the same senses which he investigates the surrounding reality with, it means that the following signs my be used as trademarks:
- Signs that can be perceived by using your sight. This category includes figurative trademarks (drawings, graphics), verbal trademarks (the written representation of verbal expressions) and three-dimensional trademarks (wrappings, shapes);
- Signs that can be perceived through hearing (sonorous trademarks). Here we talk about all categories of sounds, from music to noise, from nature existing sounds to sounds created by man, and the phonetic form of verbal expressions. To illustrate here, Harley Davidson Company have registered the sound of their motorcycle engine as a legal trademark. Also, the well-known lion raw of Metro-Goldwyn-Mayer is a legal trademark.
- The signs can be perceived by sense of touch, namely three-dimensional trademarks. As an example, there are fashion companies that have registered the shape of their perfume bottle.
- Those that can be perceived using smell. They are called olfactory trademarks and one example is the rose-smelling paper;
- There are also signs perceivable by tasting. They are called organoleptical trademarks.
- It is easy to notice that some of them can be perceived by the simultaneous usage of more senses: to a normal human being a trademark is both sonorous and graphic, a three-dimensional trademark is visually perceivable (we recognize the shape of a product without touching it) and also tactile (blind people can recognize the objects by touching them).
Apparently, the possibility of choosing a trademark is endless, but as the patent act counselor V. Evans (“How to Obtain a Patent”) showed in the 1930’s, choosing one is not easy business. He mentions some of the conditions a successful trademark should meet:
- It should be easy to pronounce;
- It should be easy to remember;
- It should be easy to represent;
- It should be attractive as aspect and pronunciation;
- It should suggest to the buyer the quality of the things he is about to buy;
- It should differ from all the similar products (to avoid confusion);
- It should meet the legal conditions, so as to be registered and protected.
- The symbol for the registered mark is : ®
- The symbol for an unregistered, but used mark is : ™
The word ‘trademark’ is often replaced by other modern terms, like ‘brand’, ‘logo’, ‘label’.
Trademark Works
Level 19, Two IFC
8 Finance Street
Central, Hong Kong
(852) 2251 8140
Law is important and it operates everywhere in different forms. At your home, it operates as family law whereas at the workplace, it takes the form of business law. When law is related to the real estate properties, it becomes the real estate law. It can be safely said that a lawyer is undoubtedly one of the most paid individuals in the city. Even when they are not fighting in a courtroom trails, they are needed for providing the much required advice on different legal matters. Despite the most demanded California foreclosure defense lawyers and the California criminal attorney, there are also several other specialties that makes the best choice for your career and offer a fat salary once you clear the bar exam. If you are planning to pursue law then here are the top law specialties that students generally opt for:
Criminal law: This is one of the most common specializations that students opt for. This branch of law also includes the DUI laws which lawyers deal with in most cases. It has been proved that more than 40% of the traffic accidents that turns out to be fatal are actually due to the drivers who drive under influence. The real definition of criminal law is related to the governmental prosecution of someone who has committed a crime in some form. If the act is not considered as a crime under the government laws then such cases are normally labeled as the civil cases.
Tax law: This law mainly revolves around the corporate and the organizations who wish to pay their annual taxes based on their requirements and profits. The rules of tax laws are mainly concerned with the constitution, Internal Revenue Code, and other statutes. All types of tax disputes are directly addressed to US Court Tax Court. If the matter becomes serious then it is alleviated to the Supreme Court level.
Corporate law: This is yet another famous branch of law. The biggest advantage of the corporate law is that it covers a wide variety of subcategories such as maritime law, acquisition, and other business law. In case of business law, the most important part that is emphasized upon is the documentation. The branch of law also deals with industry, commerce, tenders and trade marking. As far as maritime law is concerned, the branch usually deals with the disputes over the ownership of the goods and shipping.
Divorce law: The divorce rate in United States is nearly 50% which means that almost half of the couples who marry end up filing for a divorce. Such high rates of divorce make the divorce laws a very popular specialization in America. The divorce lawyers usually deal with two different parties who wish to part ways. This law related tries to resolve the matter in a way that both the parties get the best solution for themselves. When kids are involved, the court usually takes the responsibility to ensure that the decision is made in the favor of the child’s interest.
Trademark Works
Level 29 Chifley Tower 2
Chifley Square, Sydney, NSW
2000 Australia
1-800-601-502