Please enable JavaScript.
Coggle requires JavaScript to display documents.
Intellectual Property (Part 2) (Reasons for using trade marks (brand…
Intellectual Property (Part 2)
Trade Marks
Definition: sign or mark used to distinguish firm's goods from those of other traders
Reasons for using trade marks
brand recognition
brand loyalty
product differentiation
advertising or public perception
Registration
no limits on no. of renewals but each renewal requires a fee
trade mark should be more distinctive than descriptive
10 years of protection
Trade mark infringement
sign identical to a registered trademark on similar g&s
sign similar to a registered trademark on identical or similar g&s and there is likelihood of confusion
sign identical to a registered trademark or identical g&s
Remedies
damages/ account of profits
order to remove infringing signs
injunction
order to deliver up the infringing copies
Passing Off
defendant misrepresents their goods so that their customers believe those goods are the goods of the Plaintiff
elements
misrepresentation leading to confusion
misrepresentation is made in the course of trade to customers or to ultimate customers
business goodwill in SG attached to the goods/ services
Remedies
monetary compensation and may add injunction
confidential information
government secrets
personal information
trade secrets
artistic & literary information
Elements of breach
quality and confidence
info must be received in a relationship of confidence
unauthorised use of info
Remedies
account of profits
damages
injunction