28 Questions
What happens to a non-registered mark with the definitive discontinuation of use?
It automatically ceases to exist for the future
What does the acquisition of trademark protection under article 4 grant to the proprietor of the trademark?
An exclusive right
What is prohibited if the prerequisites of subsection (2) are met?
Infringing action
What acts of use are reserved to the trademark right holder?
All acts of use related to the mark
Which of the following is considered as trademark use?
Affixing the sign to goods
When is consent required for using a sign identical to the trademark for identical goods or services?
Always
What determines the similarity or dissimilarity of goods and services according to the text?
Nice Classification system
How can consent for trademark use be achieved?
Through exclusive or non-exclusive licenses or simple consent
What must be impaired for a sign identical to the trademark for identical goods or services to be used?
Protected trademark functions
What must comparative advertising using the trademark comply with?
Directive 2006/114/EC
According to the text, who is prohibited from using a sign identical to the trademark for identical goods or services without the owner's consent?
Third parties
What happens if a sign identical or similar to a well-known mark is used in Germany without due cause?
It is prohibited
What must be compared when determining use of a sign identical with a trademark for identical products or services?
Both the trademark and the goods or services
According to the text, what is the purpose of trademark use?
To promote the company’s business purpose or that of a third party
What may differ in the European Court of Justice's interpretation of trademark-related use?
From other perspectives
What is prohibited in relation to identical or trademark-related use of the trademark without consent of the trademark owner?
Use of the trademark
According to Sec 14(2) no.2 TMA, what is the aim of protection against confusion?
Preserve the distinctive function of signs
What criteria are considered in the individual case according to Sec 14(2) no.2 TMA?
Distinctiveness, similarity of signs, similarity of goods and services
According to Sec 14(2) no.3 TMA, what is protected as a brand becomes better known?
Good reputation detached from its function of origin
Under Sec 23 TMA, when can a third party in trade use a sign identical or similar to the trademark?
When it is not distinctive or when it indicates characteristics or properties of goods or services
What is the purpose of using the trademark as an accessory or spare part according to Sec 23 TMA?
To indicate the intended purpose of the product or service
According to the text, what does the concept of likelihood involve?
Overall consideration of the circumstances
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
Good reputation detached from its function of origin
What does Sec 23 TMA allow the third party to use in trade?
The third party’s name or address if the third party is a natural person
What is the aim of Sec 14(2) no.2 TMA?
Preserve the distinctive function of signs
What may a third party use in trade according to Sec 23 TMA?
A sign identical or similar to the trade mark which is not distinctive
What is the concept of likelihood according to the text?
Not empirical, but an overall consideration of the circumstances
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
Good reputation detached from its function of origin
Study Notes
Trademark Use and Protection in Commercial Transactions
- Trademark use includes affixing the sign to goods, offering goods under the sign, providing services, and using the sign in business papers or advertising.
- Use of the trademark must be intended to promote the company’s business purpose or that of a third party.
- Identical or trademark-related use of the trademark is prohibited without consent of the trademark owner.
- Use of a sign identical to the trademark for identical goods or services requires consent of the owner.
- The classification system prescribed in the Nice Classification does not determine similarity or dissimilarity of goods and services.
- Third parties are prohibited from using a sign identical to the trademark for identical goods or services without the owner’s consent.
- Protected trademark functions must be impaired for a sign identical to the trademark for identical goods or services to be used.
- Consent for trademark use can be achieved through exclusive or non-exclusive licenses or simple consent.
- Comparative advertising using the trademark must comply with Directive 2006/114/EC.
- The European Court of Justice's interpretation of trademark-related use may differ from other perspectives.
- The use of a sign identical or similar to a well-known mark in Germany without due cause is prohibited.
- When determining use of a sign identical with a trademark for identical products or services, both the trademark and the goods or services must be compared.
Test your knowledge of trademark use and protection in commercial transactions with this quiz. Explore the regulations surrounding the use of trademarks, including prohibitions on identical or related use without consent, classification systems, and the requirements for comparative advertising. Delve into the nuances of trademark-related use in different legal contexts, such as the European Court of Justice's interpretation and specific regulations in Germany.
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