Topic 3: IP rights, trademarks and design

The trademark identifies the goods or services and guarantees its origin and unchanged quality. It also advertises the goods or services and creates an image for the product.

Trademarks can be represented in various forms, including words, logos, images, sounds, and even three-dimensional shapes.

Trademarks are protected by registration, meaning that you must officially register your trademark to gain exclusive rights. Using a trademark without registration generally doesn't grant you legal protection.

Trademark protection is limited to the specific goods or services listed in the registration. You can't use a registered trademark for a completely unrelated product.

Trademark rights are tied to the geographical location where the trademark was registered. Therefore, a trademark registered in Europe might not be protected in the United States.

Trademark protection can extend to products or services similar to those listed in the registration. This helps prevent others from using confusingly similar marks.

Trademarks are protected by both legal registration and actual use in the marketplace. To maintain trademark rights, businesses must actively use their marks in commerce.

A trademark can be any sign that identifies the origin of goods or services. This can include words, designs, or even combinations of these elements.

A trademark is only protected in the specific country or region where it is registered.

A trademark must be distinctive enough to identify the source of goods or services and differentiate them from competitors.

A trademark cannot be a sign that describes the goods or services it represents, like 'Apple' for fruit.

A trademark cannot be a common or widely used sign, like a common symbol or color.

A trademark cannot be a shape that's solely due to the nature of the product or necessary for its function, like a bottle for water.

A trademark cannot be offensive, immoral, or against public order, like a hateful symbol.

A trademark cannot mislead consumers about the origin, nature, or quality of the goods or services.

A trademark cannot conflict with existing flags, symbols, or other protected marks.

Submitting a screenshot of a website from the Internet Archive (e.g., Wayback Machine) can be sufficient to prove disclosure of a design in a cancellation case, if the archiving date precedes the design application date.

Publication of a design on an Intellectual Property Office (IPO) website, regardless of the country (EU, China, Korea), is considered sufficient disclosure. IP registers are publicly accessible, and technical advancements ease access to designs.

The date of disclosure for a design published on a website is considered the date when the design was first available on the website, based on the archiving date of the website.

The presumption of disclosure applies regardless of the location of the disclosure within the European Union (EU).

Marks that are commonly used in a specific industry, language, or trade. They can't be registered as trademarks because they lack distinction.

A trademark that is not distinctive or unique enough to be protected because it is too general or straightforward. For example, "Sport Shoes" for sports shoes.

A trademark that is unique, memorable, and easily identifiable. It helps distinguish the product from competitors. For example, "Nike" for athletic apparel.

A type of trademark that is prohibited from being registered because it describes the characteristics, purpose, or kind of goods or services. For example, "Universal Telephone Book" for a telephone directory.

Exclusive rights granted by law to prevent others from using a specific mark that identifies and distinguishes goods or services from those of others.

EU law that regulates trademark registration in the European Union.

The legal basis that prohibits the registration of trademarks if they are descriptive, customary, or not distinctive. This prevents businesses from monopolizing common terms.

A design that has not been officially registered and is protected for a maximum of three years from its public release in the European Union.

A new design that is not similar to any other existing design.

A unique quality that makes a design stand out from others. It's not just original, but also has a distinct character.

The act of making a design public, such as showcasing it online or in a product launch.

The date when a design was first shown to the public, crucial for determining the duration of your unregistered protection.

The right to protect a design for a specific period of time, determined by the type of design protection chosen.

The process of formally registering a design with a governmental agency to obtain legally recognized exclusive rights to use, sell, or make that design.

A trademark is an exclusive right to use a brand name, logo, symbol, or other distinctive mark, protecting a particular product or service from competitors.

The design represents the appearance of an entire product or a part of it, based on features like lines, colors, shape, texture, and materials.

Protection of an industrial design requires that the design is new and has individual character, meaning it is not identical to any existing design publicly available.

The public must be able to connect the marks and recognize that one mark is related to the other, even if they are not identical.

A trademark can be refused if it may harm the earlier trademark owner, for example, by causing confusion among customers or diluting the value of the earlier mark.

Protecting industrial designs is crucial for businesses because it allows them to differentiate themselves and stand out in the competitive market.

Industrial designs are protected for a maximum of 25 years and can be renewed to extend their validity.

A wide range of products and design elements can be protected as industrial designs, including packaging, product parts, typographical characters, icons, settings, windows, maps, and websites.