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Marketing and Branding Strategies (Trade Marks and Designs): 

Marketing and Branding Strategies (Trade Marks and Designs) Vivien Irish Consultant Patent Attorney

Very early “trademarks”: 

Very early “trademarks”

Later trademarks: 

Later trademarks Edouard Manet: Un Bar au Folies Bergere, 1882

Turkish Trade Mark Act 1995 and Community Trade Mark Act : 

Turkish Trade Mark Act 1995 and Community Trade Mark Act A Trade Mark means any sign which can be represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings

“Any sign capable of distinguishing…”: 

“Any sign capable of distinguishing…” Eg: Invented word “Xerox” for photocopiers “Kodak” for cameras but NOT “Safemix” for valves to mix hot and cold and not “Orlwoola” a misspelling of “all wool”

“Any sign capable of distinguishing…”: 

“Any sign capable of distinguishing…” “Apple” for computers “Jaguar” for automotives Eg: A word taken out of context

“Any sign capable of distinguishing…”: 

Eg: A symbol or “device" “Any sign capable of distinguishing…”

“…the goods and services of one undertaking from those of other undertakings…” : 

“…the goods and services of one undertaking from those of other undertakings…” Goods are divided into 34 classes. Services are divided into 8 classes. “Penguin” is registered for books, class 16, paper goods. “Penguin” is registered for biscuits, class 30, bakery products

“….can be registered as a trademark…”: 

“….can be registered as a trademark…” Trademarks are registered at national Trademark Offices, or internationally via the Madrid system, or for a region, eg: European Community. Can use a Trademark Attorney or Trademark Agent who is expert in the law of trademarks – optional but advisable.

Cannot register a trade mark if:- : 

Cannot register a trade mark if:- it is devoid of distinctiveness it is identical or confusingly similar to an earlier mark for identical or confusingly similar products or services it is exclusively a sign used in the trade

Indicating a Trademark: 

Indicating a Trademark Can use “TM” after the Mark If registered, can use “R” after the Mark

Infringement of a registered trade mark: 

Infringement of a registered trade mark Same sign on the same goods or services Same or similar sign on same goods or services or on goods or services so similar that there is a risk of confusing the public Infringement can be civil or criminal act

Other types of Trademark I Collective Marks : 

Other types of Trademark I Collective Marks A Group applies to register the Mark and sets rules for its use Eg a mark used by 16 apple-growing cooperatives in Italy

Other types of Trademark II Certification Marks : 

Other types of Trademark II Certification Marks In Turkey – Guarantee Marks Owner controls common characteristics and methods of production Woolmark used by manufacturers of pure new wool products in 67 countries

Other types of Trademark III Geographical Marks or Appellations of Origin : 

Other types of Trademark III Geographical Marks or Appellations of Origin Name of place, area or region Used to designate quality or character of product due to inherent natural and human factors of the place Eg labels on wine bottles

Industrial Designs: 

Industrial Designs Turkish Industrial Designs Law 1995 Community Registered Designs

Registered Designs –typical products: 

Registered Designs –typical products

Appearance of the whole or part of a product resulting from features of, in particular, the lines, contour, shape, texture and/or materials of the product itself and/or its ornamentation “Product” = industrial or handicraft item including….. packaging, get-up, graphic symbols : 

Appearance of the whole or part of a product resulting from features of, in particular, the lines, contour, shape, texture and/or materials of the product itself and/or its ornamentation “Product” = industrial or handicraft item including….. packaging, get-up, graphic symbols

A design must:- be new – but 1year grace period have an individual character: 

A design must:- be new – but 1year grace period have an individual character

Cannot register a design for features of appearance dictated solely by technical function for features which allow a product to fit to another product: 

Cannot register a design for features of appearance dictated solely by technical function for features which allow a product to fit to another product

How to register a design I Apply to Designs Registry - in Turkey for a Turkish Registration - in Alicante in Spain for a Community Registration (through the Turkish Design Registry): 

How to register a design I Apply to Designs Registry - in Turkey for a Turkish Registration - in Alicante in Spain for a Community Registration (through the Turkish Design Registry)

How to register a design II : 

How to register a design II Provide an illustration of the product from several angles Pay a fee Can use a patent attorney

Advantages of a design registration Can last for 5 X 5 = 25 years - if renewal fees are paid Can stop use of same design on any product including making, offering, importing, exporting, putting on the market Visual test – compare registration with the offending article : 

Advantages of a design registration Can last for 5 X 5 = 25 years - if renewal fees are paid Can stop use of same design on any product including making, offering, importing, exporting, putting on the market Visual test – compare registration with the offending article

Community Unregistered Design Lasts for 3 years For tangible three-dimensional articles Must be “not commonplace” Infringed by copying: 

Community Unregistered Design Lasts for 3 years For tangible three-dimensional articles Must be “not commonplace” Infringed by copying

The end Thank you for listening: 

The end Thank you for listening