Professional Documents
Culture Documents
3 Trademarks
3 Trademarks
WHAT IS A TRADEMARK?
A trademark is a word, phrase, symbol, or design, or
a combination of these that identifies and
distinguishes the source of goods of one party from
those of others.
A TRADEMARK IS MADE OF :
ANY DISTINCTIVE WORDS, LETTERS,
NUMERALS, PICTURES, SHAPES, COLORS,
LOGOTYPES, LABELS
Examples:
TRADEMARK EXAMPLES
Words
Phrases
TRADEMARK EXAMPLES
Symbols
Designs
FUNCTIONS OF A TRADEMARK
Indicates the source of origin of goods or services
Helps guarantee the quality of goods bearing the
mark
Creates and maintains a demand for the product
Used as a marketing tool to build a brand
Can have great $ value to a company
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nhng quyn thng hiu
A crucial component of franchising agreements
Useful for obtaining banks or third part finance
A marketing tool
cp php
2013
Arbitrary
Suggestive
Descriptive
chng loi
Generic
protecting
PROTECTING A TM
THROUGH REGISTRATION
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SCOPE OF RIGHTS
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The exclusive right to use the mark
The right to prevent others from using an identical
or similar mark for identical or similar goods or
services
The right to prevent others from using an identical
or similar mark for new goods or services
PROTECTING AT HOME
AND ABROAD
USING A TRADEMARK
Actively using a TM
Using/maintaining a TM in marketing and
advertising
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Using the mark as a business asset
ACTIVELY USING A
TRADEMARK
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Affixing the mark to the goods or their packaging
USING A TRADEMARK IN
ADVERTISING
An evolving trademark
Using a TM...
USING A TM ON THE
INTERNET
USING A TRADEMARK AS
A BUSINESS ASSET
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Licensing: owner retains ownership and agrees to
the use of the TM by other companies in exchange of
quyn tc giroyalties > licensing agreement (business
expansion/diversification)
mua li
tin mt
ENFORCING
TRADEMARKS
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Cease and desist letter to alleged infringer (s)
chim, thu tm
Search and seize order
WELL-KNOWN MARKS
What
WELL-KNOWN MARKS
Paris Convention Article 6bis
26
refuse registration
cancel registration
prohibit use
where likelihood of
confusion
used on identical or
similar goods
cao cp
no requirement senior
mark be registered, i.e.
applies to unregistered 27
senior marks
WELL-KNOWN MARKS
FACTORS FOR JUDGES TO CONSIDER
Channels of trade
28
Could Cubatabaco
succeed in its claim that
the Cuban COHIBA mark
deserved protection
under the famous marks
doctrine and thus thus
it should succeed on its
section 43(a) Lanham Act
claim? Did it have a right
under Article 6bis of the
Paris Convention to
cancellation of General
CigarsCOHIBA mark?
31
recent cases
34
VINAPHONE V. VINAIPHONE
Duration of
TRADEMARKS UNDER
VIETNAMESE LAW
TRADE NAMES
General conditions for trade names to be eligible
for protection
Objects ineligible for protection as trade names
Distinctiveness of trade names
PROHIBITIONS IN CHOOSING AN
ENTERPRISE NAME (ART. 32, LOE
2005) Prohibitions in choosing an enterprise name
1. Using a name that is identical or cause confusion
with an existing enterprise name;
2. Using name of the state agencies, peoples armed
forces, political organizations, political-socio
organizations, political-socio-professional
organizations, social organizations or socialprofessional organizations as to constitute fully
or partially the enterprise name, otherwise
agreed by such organizations.
3. Using words and symbols that violate historical
and cultural traditions, good morals and customs
of the nation.
Enterprise...