tradm_1170

Trademarks

  • A never ending monopoly on a “mark” to identify “goods or services”
  • A trademark must be distinctive
  • Proper use of trademarks can create a valuable brand that customers look to when considering a purchase
  • Trademarks are limited to the goods or services covered. 
  • Basically by 1 of 45 international classes,
  • Some countries (notably U.S., China and Europe) require a more specific definition
  • Trademark for goods - must use it on, or with goods, in each of the defined products
  • Need to show ACTUAL USE in accordance with the definition
  • KEY: consumer confusion – the consumer assumes that the same trademark means the same source of goods (Trusted Brand)
  • No confusion between dissimilar goods/ services
  • Silver Cross® strollers, baby carriages and nursery furniture VS.
    Silver Cross® Invalid Lifts, Canes, Wheelchairs …
  • DELTA airlines vs. DELTA faucets vs. DELTA computer products vs. DELTA underwear
  • Increased protection for famous trademarks
  • Trademarks are the “first line of defense” against a “knock off”
  • Can arrange for customs at the port of entry to seize counterfeit goods