Trademark Registration Quiz 21-25

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Questions and Answers

What must the subject matter of the application be, according to the text?

Sufficiently concrete, clear, unambiguous, and self-contained

Which of the following is a requirement concerning the application as per Section 32?

A representation of the trade mark

What purpose does the requirement of graphic representation serve, according to CJEU?

Defining the mark itself to determine the precise subject matter of protection

Under Section 8 (2) of TMA, which of the following trade marks shall not be registered?

Those devoid of any distinctive character for the goods or services Signup and view all the answers

What is one of the criteria for refusal of trademark registration?

Lack of distinctive character Signup and view all the answers

What type of indications are not subject to protection at the time of filing?

Descriptive indications Signup and view all the answers

What is excluded from registration if used by multiple companies?

Generic or customary designations Signup and view all the answers

What cannot be granted protection under intellectual property law?

Common designations Signup and view all the answers

Under what circumstances does exemption from refusal criteria apply?

If the trademark has become established in the affected trade circles before the decision on registration Signup and view all the answers

What is grounds for refusal in the case of signs likely to mislead the public?

Deceptive signs likely to mislead the public about the nature, type, or geographical origin of goods/services Signup and view all the answers

What may lead to the cancellation of a trademark registration?

Relative grounds for refusal Signup and view all the answers

What is excluded from registration if it lacks distinctive character?

Well-known marks Signup and view all the answers

What are the criteria for refusal of trademark registration?

Lack of distinctive character, descriptive indications, and deceptive signs Signup and view all the answers

Under what circumstances does exemption from refusal criteria apply?

If the trademark has become established in the affected trade circles before the decision on registration Signup and view all the answers

What may lead to the exclusion of well-known trademarks from registration?

Similarity to an earlier well-known trademark Signup and view all the answers

What is a potential outcome of relative grounds for refusal?

Cancellation of a trademark registration Signup and view all the answers

What is the duration of protection for a registered trademark?

10 years, with an option for renewal Signup and view all the answers

Under what circumstances can the duration of protection of a registered trademark be renewed?

By paying a renewal fee and a class fee for each class to be renewed Signup and view all the answers

What is the term of trademark protection as per Section 159(1) TMA?

10 years Signup and view all the answers

What is the condition for extending the validity of a registered trademark?

Payment of renewal fees Signup and view all the answers

Under what circumstances can the registration of a trademark be cancelled?

At the request of the proprietor for specific goods or services Signup and view all the answers

What is the duration of protection of a registered trademark?

10 years Signup and view all the answers

What is the term of trademark protection as per Section 159(1) TMA?

10 years Signup and view all the answers

What is the condition for extending the validity of a registered trademark?

Payment of renewal fees Signup and view all the answers

Under what circumstances can the registration of a trademark be cancelled?

At the request of the proprietor for specific goods or services Signup and view all the answers

Study Notes

Trademark Registration and Refusal Criteria

Distinctive character assessment requires consideration of public perception and not just the company's branch of products or services.
Descriptive indications, used to designate the kind, quality, or characteristics of goods/services, are not subject to protection at the time of filing.
Generic or customary designations for goods/services are excluded from registration if used by multiple companies.
Protection cannot be granted to common designations, as they are considered information and cannot be protected under intellectual property law.
Exemptions from refusal criteria apply if the trademark has become established in the affected trade circles before the decision on registration.
Deceptive signs likely to mislead the public about the nature, type, or geographical origin of goods/services are grounds for refusal.
Well-known marks that are identical or similar to an earlier well-known trademark in Germany may be excluded from registration.
Relative grounds for refusal may lead to the cancellation of a trademark registration.
The criteria for refusal of trademark registration include lack of distinctive character, descriptive indications, and deceptive signs.
The exemption from refusal criteria applies if the trademark has become established in the affected trade circles before the decision on registration.
Well-known trademarks similar to an earlier well-known trademark may be excluded from registration.
Relative grounds for refusal may lead to the cancellation of a trademark registration.