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Questions and Answers
What happens to a non-registered mark with the definitive discontinuation of use?
What happens to a non-registered mark with the definitive discontinuation of use?
- It automatically ceases to exist for the future (correct)
- It remains valid indefinitely
- It becomes a registered trademark
- It can be renewed without any consequences
What does the acquisition of trademark protection under article 4 grant to the proprietor of the trademark?
What does the acquisition of trademark protection under article 4 grant to the proprietor of the trademark?
- No specific rights
- An exclusive right (correct)
- Limited rights shared with others
- Rights subject to government approval
What is prohibited if the prerequisites of subsection (2) are met?
What is prohibited if the prerequisites of subsection (2) are met?
- Public recognition of the mark
- Use of similar marks by unrelated entities
- Infringing action (correct)
- Trademark registration
What acts of use are reserved to the trademark right holder?
What acts of use are reserved to the trademark right holder?
Which of the following is considered as trademark use?
Which of the following is considered as trademark use?
When is consent required for using a sign identical to the trademark for identical goods or services?
When is consent required for using a sign identical to the trademark for identical goods or services?
What determines the similarity or dissimilarity of goods and services according to the text?
What determines the similarity or dissimilarity of goods and services according to the text?
How can consent for trademark use be achieved?
How can consent for trademark use be achieved?
What must be impaired for a sign identical to the trademark for identical goods or services to be used?
What must be impaired for a sign identical to the trademark for identical goods or services to be used?
What must comparative advertising using the trademark comply with?
What must comparative advertising using the trademark comply with?
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?
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?
What happens if a sign identical or similar to a well-known mark is used in Germany without due cause?
What happens if a sign identical or similar to a well-known mark is used in Germany without due cause?
What must be compared when determining use of a sign identical with a trademark for identical products or services?
What must be compared when determining use of a sign identical with a trademark for identical products or services?
According to the text, what is the purpose of trademark use?
According to the text, what is the purpose of trademark use?
What may differ in the European Court of Justice's interpretation of trademark-related use?
What may differ in the European Court of Justice's interpretation of trademark-related use?
What is prohibited in relation to identical or trademark-related use of the trademark without consent of the trademark owner?
What is prohibited in relation to identical or trademark-related use of the trademark without consent of the trademark owner?
According to Sec 14(2) no.2 TMA, what is the aim of protection against confusion?
According to Sec 14(2) no.2 TMA, what is the aim of protection against confusion?
What criteria are considered in the individual case according to Sec 14(2) no.2 TMA?
What criteria are considered in the individual case according to Sec 14(2) no.2 TMA?
According to Sec 14(2) no.3 TMA, what is protected as a brand becomes better known?
According to Sec 14(2) no.3 TMA, what is protected as a brand becomes better known?
Under Sec 23 TMA, when can a third party in trade use a sign identical or similar to the trademark?
Under Sec 23 TMA, when can a third party in trade use a sign identical or similar to the trademark?
What is the purpose of using the trademark as an accessory or spare part according to Sec 23 TMA?
What is the purpose of using the trademark as an accessory or spare part according to Sec 23 TMA?
According to the text, what does the concept of likelihood involve?
According to the text, what does the concept of likelihood involve?
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
What does Sec 23 TMA allow the third party to use in trade?
What does Sec 23 TMA allow the third party to use in trade?
What is the aim of Sec 14(2) no.2 TMA?
What is the aim of Sec 14(2) no.2 TMA?
What may a third party use in trade according to Sec 23 TMA?
What may a third party use in trade according to Sec 23 TMA?
What is the concept of likelihood according to the text?
What is the concept of likelihood according to the text?
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
What is protected as a brand becomes better known according to Sec 14(2) no.3 TMA?
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.
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Description
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.
