In practice, trademark development is often carried out without due regard to the legally relevant criteria used to judge the likelihood of confusion with prior marks. This frequently leads to great disappointment and not infrequently to considerable damage. This is reason enough to take a brief look at some of these aspects.
Developing a trade mark requires a lot of thought and great creativity. Depending on the degree of creative activity, copyright protection may arise. This can have far-reaching consequences for the later use of the trade mark.
Designations that describe products or services in some way are not classed as distinctive, as is well known, and therefore cannot be registered as a trademark. However, it is possible to overcome this obstacle to protection – provided the designation has acquired distinctive character before it is registered. What exactly must be done to achieve protectability from a trademark through use?
Special events or festivals often facilitate the sale of products made specifically for those celebrations. Do lesser requirements, in terms of genuine use, apply to event marks because the products can only be sold during certain periods of time?
Consumers encounter logos in the form of quality seals in advertising and on product labels on a day-to-day basis. The function of such logos is to inform potential consumers about the beneficial properties of the products. These logos are so widespread that the consumer may not always be able to identify their intended meaning. Despite this, can these logos be safely used as long as they keep their promise and the products are in fact beneficial?
A sign that directly and immediately indicates a particular feature of a product cannot be used as a trademark. However, could a sign be designed to communicate something more by simply adding a graphic?
A uniquely designed building often has a particular architectural attraction, even charisma. It can represent a specific organisation or company in a way other marketing tools cannot and can contribute significantly to their image. Despite this, and the relatively little effort involved in using architecture in this way, such opportunities are still infrequently taken advantage of. Business owners and managers are encouraged to consider in this brand blog the conditions under which such architecture could be secured as a marketing instrument and protected as a brand.
Brands are an important asset for any company. However, if the branded goods are no longer produced, does the brand become something other people can freely use, and is all the previous hard work in building up the reputation lost? What must be done to legally preserve such trade marks?
In practice, trade marks are often registered for a broad generic term of goods or services. However, in reality use may only apply to a single product or service covered by the generic term. Might a trade mark lose its commercial justification as a result and could it even be revoked?
The internet makes it easy to sell trade mark-infringing pirated goods. Taking action against this is often extremely difficult, especially in the case of foreign involvement. Blocking a domain name is the simplest way to prevent access to illegal websites via that name. When can this remedy be used? A case from copyright law provides some clarification. It is also relevant for trade mark law.