Presentation Transcript
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