Alexzander Singh
999202964
March 2nd 2015
National and Global Trademark Law Strategy: Frogspawn
The trademark of Frogspawn is the companies DNA. It is used as recognition for customers; as well as to distinguish Frogspawn from its competitors. The following is an outline which strategically analyzes the process of protecting Frogspawns trademark in Canada and global markets.
Firstly, Frogspawn must consult trademark databases to avoid using an existing trademark. As well as sub trademarks for “Tadpole”. It is also important to consider global markets; this will allow the company to manage detrimental meanings in a foreign language. Secondly Frogspawn must identify patentable subject matter to make sure it is patented before competitors with similar subject matter. This will eliminate other companies from the total market share. In doing so however, Frogspawn needs to make sure that, “patentable inventions are not shared with others or published before filing a patent application. In order to meet the …show more content…
This encompasses a design that incorporates features of shape, configuration, pattern or ornament that can be registered as an industrial design provided the following conditions are met: “the design is not identical to, or so similar as to be confounded with, a registered design, the design is original” (Bereskin & Parr, 2010). The design has not been, “publicly disclosed anywhere within one year prior to the date on which a Canadian industrial design application is filed” (Bereskin & Parr, 2010). An industrial design registration is valid for 10 years, provided a preservation fee is paid within five years of the date of registration. More importantly, recent case law for example in the case of J.M. Voith GmbH v. Beloit Corp., has confirmed that “industrial design protection does not preclude protection of the same design as a
999202964
March 2nd 2015
National and Global Trademark Law Strategy: Frogspawn
The trademark of Frogspawn is the companies DNA. It is used as recognition for customers; as well as to distinguish Frogspawn from its competitors. The following is an outline which strategically analyzes the process of protecting Frogspawns trademark in Canada and global markets.
Firstly, Frogspawn must consult trademark databases to avoid using an existing trademark. As well as sub trademarks for “Tadpole”. It is also important to consider global markets; this will allow the company to manage detrimental meanings in a foreign language. Secondly Frogspawn must identify patentable subject matter to make sure it is patented before competitors with similar subject matter. This will eliminate other companies from the total market share. In doing so however, Frogspawn needs to make sure that, “patentable inventions are not shared with others or published before filing a patent application. In order to meet the …show more content…
This encompasses a design that incorporates features of shape, configuration, pattern or ornament that can be registered as an industrial design provided the following conditions are met: “the design is not identical to, or so similar as to be confounded with, a registered design, the design is original” (Bereskin & Parr, 2010). The design has not been, “publicly disclosed anywhere within one year prior to the date on which a Canadian industrial design application is filed” (Bereskin & Parr, 2010). An industrial design registration is valid for 10 years, provided a preservation fee is paid within five years of the date of registration. More importantly, recent case law for example in the case of J.M. Voith GmbH v. Beloit Corp., has confirmed that “industrial design protection does not preclude protection of the same design as a