Trademark

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    Trademark Law

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    The United States policy regarding trademarks, known officially as the U.S. Trademark Law, is incredibly important to the way American society functions on a daily basis. Not only does the law encourage competitive business, but it also plays an important role in both American culture and the legal system. A trademark is some type of symbol that points “distinctly to the origin or ownership of merchandise…and [is] legally reserved for the exclusive use of the owner” (in text). Oftentimes a trademark is confused with the related concept of a copyright; however, there is an important distinction between the two. Where a trademark is a representative symbol of merchandise origin, a copyright is “the sole legal right to reproduce, publish, sell,…

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    Unlike most other intellectual property, trademarks primarily aim at preventing unfair competition between parties within a particular market. Because trademarks aim at preventing unfair competition, trademark owners must inform buyers in the market about the trademarked goods and services, however trademark laws forbid certain kinds of appropriation of a trademark. A trademark is an identifiable word, symbol, design, or a combination of these elements, which identify and distinguishes goods…

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    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…

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    This memorandum is intended to give a broad overview of the federal trademark registration process. The entire process will usually take around one to two years from the initial filing to receiving the federal trademark. This timetable is affected by a plethora of factors such as possible objections from the USPTO or third parties and the number of applications filed before that are still in the process. Usually the following steps are included in the process: Searching and clearance, Preparing…

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    Definition: The Oxford English Dictionary defines Intellectual Property as “chiefly Law property (such as patents, trademarks, and copyright material) which is the product of invention or creativity, and does not exist in a tangible, physical form” (OED, 3rd Ed. 2010). Summary: We know that the economy is constantly changing with new business ventures, young entrepreneurs and an ever evolving world of technology at our fingertips. With this constant form of creative motion; individuals must…

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    Intellectual Property Law is a very panoramic assemblage of law; its regards Patents, Trade Marks, and Copyrights. Intellectual Property establishes a very critical role in the improvement of consumer enterprise and acts a driving force for innovation. IP 's are adverted as “ownership of the mind 's products”(Cooter, Ulen, 124); Intellectual property is secured by the law through patents, copyrights and trademarks; this protective screening allows individuals(inventors) the prospect of…

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    shall become part of the domestic legislation of Honduras. The Industrial Property law also protects property and consumers, making it illegal to have unfair competition with regards to geography or face a fine. According to Article No. 170 of Decree 12-99-E, “an act of unfair competition is any act carried out in the course of business or for the purposes of business which offends against the rules of good faith and honest business uses and practices”. In regards to common protection for…

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    Distinctiveness Of Trademark

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    a comparison with another mark, will cause confusion to the public and as such deceives the public?[11] Thus, the distinctiveness of a mark essentially means that the mark must be such that it identifies a product from a particular undertaking.[12] It is one of the essential requirements to be fulfilled before a mark can be registered as a ‘trademark’ under the Act. iii. Connection with goods or services It is clear from the definition of trademark elucidated above that the mark must…

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    Intellectual property rights help to regulate creative labour. They can include, patents for inventions, and trademarks to help protect market share. They can also refer to copyright; ‘literary works (such as novels, poems and plays), films, music, artistic works (e.g. drawings, paintings, photographs and sculptures) and architectural design’. Intellectual property rights grant owners exclusive rights. These rights enable them to carry out specific acts, while at the same time, excluding…

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    copying the treatment procedures elsewhere. Through various advertisements, Dr. Shouldice was aware that other physicians were attempting to recreate and deliver the Shouldice Method. This problem was the catalyst for Dr. Shouldice’s desire to expand capacity originally. In this case, brand infringement and Dr. Shouldice have recourse. Michael Allan (2014) advises: Brand owners should consider the International Trade Commission (ITC) an excellent alternative to the district court for trademark…

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