Basic Purpose of Trademark Law IDENTIFY SOURCE Identify source of goods or services – DISTINGUISH PRODUCTS– goods or services from those of others one trader’s INDICATE QUALITY signify a certain level of quality for goods – DEFINITION: Trade-mark (Trademark Act s2) S2: a mark that is used by a person for the purpose of distinguishing… or services wares manufactured, sold, leased, hired or performed by him from those others …[of] A certification mark A distinguishing guise A proposed trade-mark Mark: word, symbol, sound, color, combination of letters, numbers, pictures, etc. The mark must actually be used Purpose of use is to distinguish a goods and services from those of another person’s 1. Distinctiveness is a mark that is used by a person for the purpose of distinguishing… or services 2(a): “Trademark” wares manufactured, sold, leased, hired or performed by him from those others …[of] 18(1) The registration of a trade-mark is invalid if…(b) the trade-mark is not distinctive at the time proceedings bringing the validity of the registration into question are commenced Loss of distinctiveness can thus cause your TM to be invalidated 12(2) Acquired distinctiveness (see below) Distinctive (Trademarks Act s2) to a trade-mark, means a trademark that actually distinguishes the wares or services in “distinctive”, in relation association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them” Must distinguish from products of others (not between own products) EG: “Hewlett Packard” = distinguishing; = does not distinguish from products of others (distinguishes from other HP “Laserjet 1100A” products)
Basic Purpose of Trademark Law IDENTIFY SOURCE – Identify source of goods or services DISTINGUISH PRODUCTS– one trader’s goods or services from those of others INDICATE QUALITY – signify a certain level of quality for goods DEFINITION: Trade-mark (Trademark Act s2) S2: a mark that is used by a person for the purpose of distinguishing… wares or services manufactured, sold, leased, hired or performed by him from those …[of] others A certification mark A distinguishing guise A proposed trade-mark Mark: word, symbol, sound, color, combination of letters, numbers, pictures, etc. The mark must actually be used Purpose of use is to distinguish a person’s goods and services from those of another 1. Distinctiveness 2(a): “Trademark” is a mark that is used by a person for the purpose of distinguishing… wares or services manufactured, sold, leased, hired or performed by him from those …[of] others 18(1) The registration of a trade-mark is invalid if…(b) the trade-mark is not distinctive at the time proceedings bringing the validity of the registration into question are commenced Loss of distinctiveness can thus cause your TM to be invalidated 12(2) Acquired distinctiveness (see below) Distinctive (Trademarks Act s2) “distinctive”, in relation to a trade-mark, means a trademark that actually distinguishes the wares or services in association with which it is used by its owner from the wares or services of others or is adapted so to distinguish them” Must distinguish from products of others (not between own products) EG: “Hewlett Packard” = distinguishing; “Laserjet 1100A” = does not distinguish from products of others (distinguishes from other HP products)