Topic 3: IP rights, trademarks and design
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What is required for a design to be considered new?

  • It must have been publicly available before.
  • It must have unique colors.
  • No identical design has been made available to the public. (correct)
  • It must be complex in nature.

    • The total maximum protection for EU Registered Designs is 30 years.

    False

    What is the primary importance of protecting industrial designs?

    Competitiveness

    A design includes features such as the _______ and materials of a product.

    <p>lines</p> Signup and view all the answers

    Match the following elements with their definitions in industrial designs:

    <p>Novelty = No identical design available to the public Individual character = Unique appearance distinct from existing designs Maximum protection = 25 years with renewals Council Regulation (EC) No 6/2002 = Regulates Community designs</p> Signup and view all the answers

    Which of the following is NOT considered part of a design?

    <p>Performance</p> Signup and view all the answers

    Renewals of industrial designs are allowed up to maximum protection of 30 years.

    <p>False</p> Signup and view all the answers

    What does the term 'link' refer to in the context of trademarks?

    <p>Connection between earlier and newer marks</p> Signup and view all the answers

    What is one advantage of unregistered Community Designs?

    <p>No costs involved</p> Signup and view all the answers

    Unregistered Community Designs can provide protection for a maximum period of five years.

    <p>False</p> Signup and view all the answers

    What are the two requirements for an unregistered Community Design?

    <p>Novelty and Individual Character</p> Signup and view all the answers

    Protection for unregistered Community Designs lasts for a maximum of ______ years.

    <p>three</p> Signup and view all the answers

    What is a critical factor for unregistered design protection?

    <p>Proving authorship and date of disclosure</p> Signup and view all the answers

    Match the following features of unregistered designs with their descriptions:

    <p>No formalities required = Applicants can easily protect their designs Shorter period of protection = Protection lasts up to three years Testing market = Allows experimentation with new designs before registration Novelty and Individual Character = Requirements for design protection</p> Signup and view all the answers

    Unregistered designs require the payment of registration fees.

    <p>False</p> Signup and view all the answers

    What is the primary market advantage of unregistered designs?

    <p>Protection without registration formalities</p> Signup and view all the answers

    What date is considered the date of disclosure for the design illustrated on the website?

    <p>07/10/2014</p> Signup and view all the answers

    A screenshot taken from a website can be sufficient proof of disclosure in a cancellation.

    <p>False</p> Signup and view all the answers

    What is the significance of the Internet Archive in determining disclosure?

    <p>It provides evidence of previous website content and its availability on certain dates.</p> Signup and view all the answers

    A publication on ______ may also contribute to the understanding of design disclosure.

    <p>YouTube</p> Signup and view all the answers

    Match the following terms regarding design disclosure with their descriptions:

    <p>Design Registration = Official recognition of design by a patent office Public Disclosure = Making a design publicly available Internet Archive = Online service that preserves web pages IP Office = An authority that handles intellectual property rights</p> Signup and view all the answers

    Does the presumption provided for in Article 7(1) CDR apply regardless of the IP office's location?

    <p>Yes, it applies irrespective of where the disclosure took place.</p> Signup and view all the answers

    The absence of a screenshot does not impact the validity of the design application.

    <p>False</p> Signup and view all the answers

    What type of publication was mentioned to possibly contribute to design disclosure besides websites?

    <p>YouTube</p> Signup and view all the answers

    What is the primary function of a trademark?

    <p>To guarantee the quality of goods or services</p> Signup and view all the answers

    A trademark can be protected solely based on use in the EU.

    <p>False</p> Signup and view all the answers

    What is meant by the principle of territoriality in relation to trademarks?

    <p>Trademark rights are confined to the territory where the trademark is applied for and registered.</p> Signup and view all the answers

    The principle of ______ specifies that trademarks protect only the designated goods and services.

    <p>speciality</p> Signup and view all the answers

    Match the following trademark types with their characteristics:

    <p>Figurative = Visual representation of a brand Audible = Sound marks such as jingles Colored = Use of specific colors for branding Words = Textual representation of a brand</p> Signup and view all the answers

    Which of the following is NOT a function of a trademark?

    <p>Promotes counterfeit products</p> Signup and view all the answers

    Rights to a trademark are established through valid registration in each relevant country.

    <p>True</p> Signup and view all the answers

    What is an example of an audible trademark?

    <p>The jingle of a brand or the National Football League theme</p> Signup and view all the answers

    What is the principle of territoriality in trademark law?

    <p>Protection is limited to the territory where the trademark is registered.</p> Signup and view all the answers

    European Union trademarks are registered through the Spanish Trademark and Patent Office.

    <p>False</p> Signup and view all the answers

    What are the two main types of grounds for refusal in trademark registration?

    <p>Absolute grounds and relative grounds</p> Signup and view all the answers

    The main organization responsible for EU trademarks is the ______.

    <p>EUIPO</p> Signup and view all the answers

    Which of the following is NOT considered an absolute ground for refusal?

    <p>Conflict with earlier trademarks</p> Signup and view all the answers

    Distinctiveness of a trademark must be assessed based on public perception and the goods or services related to it.

    <p>True</p> Signup and view all the answers

    Name one example of a sign that may be deemed non-distinctive in trademark law.

    <p>Colors</p> Signup and view all the answers

    Match the following types of refusals with their descriptions:

    <p>Absolute grounds = Concern the nature of the trademark itself Relative grounds = Deal with conflicts with prior trademarks Deceptive signs = Can mislead the public about the product Non-distinctive trademarks = Do not allow identification of business origin</p> Signup and view all the answers

    Which of the following terms can be registered as a trademark?

    <p>'BIOMILD' for yoghurt</p> Signup and view all the answers

    Descriptive trademarks are those that suggest qualities rather than directly state them.

    <p>False</p> Signup and view all the answers

    What is one reason for the refusal of trademark registration under article 7 EUTMR?

    <p>Monopolizing descriptive terms.</p> Signup and view all the answers

    'SLIM BELLY' is a trademark for _______ training apparatus and services.

    <p>fitness</p> Signup and view all the answers

    Which of the following is NOT a reason for trademark refusal under art. 7 EUTMR?

    <p>Trademarks that confuse consumers</p> Signup and view all the answers

    Match the trademark examples with their characteristics:

    <p>'BABYPATAUGEOIRE' = Composed of English and French terms 'TRUSTEDLINK' = Aimed at securing safe IT links 'BIOMILD' = Descriptive of mild and organic yoghurt 'SLIM BELLY' = Related to fitness training</p> Signup and view all the answers

    'CUSTOMARY SIGNS' refers to signs that are exclusive words not commonly understood in trade.

    <p>False</p> Signup and view all the answers

    What is an example of a trademark application that was denied due to descriptiveness?

    <p>'SLIM BELLY' for fitness training apparatus.</p> Signup and view all the answers

    Study Notes

    Introduction to Intellectual Property: Trademarks and Designs

    • The presentation covers trademarks and industrial designs as types of intellectual property.
    • Intellectual property encompasses various forms, including copyrights, trademarks, designs, inventions, and plant varieties.
    • Trademarks are crucial for international trade and market-oriented economies.
    • Trademark protection is granted upon renewal every ten years.

    Trademarks

    • Trademarks are vital for identifying goods or services of a specific company.
    • An EU trademark (EUTMR) can include words (including names), designs, numbers, colours, shapes of goods/packaging, and sounds.
    • These signs must distinguish one company's goods/services from others and be clearly represented on the EU trademark register.
    • Trademarks are obtained through registration (rather than use alone, unlike US law).
    • Trademarks are limited to the territory for which they are registered.
    • The European Union Intellectual Property Office (EUIPO) is responsible for EU trademarks.
    • The Spanish Trademark and Patent Office (STPO) handles Spanish trademarks.

    Trademark Functions

    • Trademarks identify products/services and their origin.
    • They ensure consistent quality.
    • Trademarks create an image for the product/service.
    • Trademarks can be expressed figuratively, three-dimensionally, with colour, sounds, words, etc.

    Trademark Principles

    • EU trademarks require registration, not use.
    • EU trademark protection is limited to the specified goods/services.
    • Ownership rights exist within the territory of registration.
    • Registration is the basis for exclusive rights in a trademark.
    • Trademark registrations are done at both national, regional or international trademark offices .

    Grounds for Refusal (Absolute grounds)

    • A sign that's not distinctive cannot be registered.
    • Descriptive signs cannot be registered.
    • Signs that commonly use or describe a product can't be used as a trademark.
    • Shapes resulting from the goods' nature (such as necessary manufacturing features) can't be trademarks.
    • Signs that go against public policy or morality are not registered.
    • Deceptive signs are not allowed as trademarks.
    • Signs in conflict with flags or other symbols are ineligible.
    • Very simple signs, such as colours, single letters, or simple figurative elements, cannot be registered if they do not distinguish the business origin of the goods/services.

    Grounds for Refusal (Relative grounds)

    • Opposition based on previously registered trademarks.
    • Marks with similar identities or similarities to existing marks cannot be registered.
    • Use of an already registered trademark can be considered an unfair advantage or disadvantage.
    • Use of a prior trademark without legal justification may be problematic.

    Trademark Principles (Continued)

    • The Nice Classification (a global naming system) of goods and services guides the registration process.
    • Different classes of goods and services are registered in different sectors and different categories.

    Industrial Designs

    • Protection is for the appearance of products, not their design.
    • Industrial designs incorporate colours, contours, shapes, texture, materials, and ornamentation
    • The scope of protection is limited to the registered goods and services.
    • Designs can be protected for a period of 5 years, with up to a total lifespan of 25 years upon renewal.
    • Requirements for industrial design registration include novelty and individual character of the design.
    • A design's disclosure to the public before registration can affect protection.

    Industrial Designs: Requirements

    • Novelty: designs that have not been publicly disclosed.
    • Individual character: Designs must create distinct impressions of products.
    • Availability to the public: Designs must be accessible publicly before registration.
    • Screenshot-based disclosure proves publication; dates are critical.

    Industrial Designs: Protection of unregistered industrial designs.

    • Unregistered Community designs are protected in the EU.
    • This protection is limited to three years, and the public availability date plus proving the design and author.

    Industrial Design Practice

    • Examples showcase how different design elements (patterns, packaging, typography, settings, window displays, and more) are protected.

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    Introduction to Intellectual Property: Trademarks and Designs PDF

    Description

    Test your knowledge on industrial design protections. This quiz covers various aspects such as requirements for new designs, benefits of unregistered Community Designs, and the duration of protections. See how well you understand the importance of protecting industrial designs and the associated terminology.

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