Please enable JavaScript.
Coggle requires JavaScript to display documents.
What can be protected as a TD ? Conditions of validity - Coggle Diagram
What can be protected as a TD ? Conditions of validity
Excluded signs
Olfactory signs
Gustatory signs
Tactile signs
Admitted signs
Word marks
Consists exclusively of words or letters, numerals, other standards typographic characters or a combination of thereof
ex: Nutella, "Parce que vous le valez bien", K2R
Figurative marks
TD where non standard characters, stylization, layout, graphic feature or color are used
Shape mark
3D shape
ex: Paille d'or, shape of Coca Cola
Color single and pattern mark, position marks
Position mark: consists of the specific way in which the TD is affixed
ex: the red tag on Levi's jeans
ex: You can register a patter mark such as LV for Louis Vuitton Color TD such as the blue of Decathlon
Motion mark
Composed of movement, or a change in the position of the elements of the mark
Multimedia mark
Combination of sound and image
Hologram mark
A trimensional effect that is obtained on a 2D object
ex: CB number on a CB
The validity of a sign - lawful+distinctive+not deceptive (if not, ground for absolute refusal)
Distinctive
Protect goods and services only on the scope of your TD
cannot be a descrption of what you're selling
ex: bags if you sell bags
Signs not distinctive
Descriptive
usal sign
colors can be usual sign
ex: white for diaries
shape from the nature of the good or with a technical result
2 exceptions: ultra doux - Ticket restaurant
Distinctive or not ?
YES
NO
Lawful
Contrary to public policy
def: body of all legal rules that are necessary for the functioning of a democratic society and state of law
Accepted principles of morality
def: the fundamentals moral values and standards to which a society adheres at a given times
You can still use the sign but not protected and risk of punition
Not deceptive
def: marks that are likely to deceive the public as or the nature, quality or geographical origin of the goods or services.
Forbidden, unavailable signs
Emblems
Emblems of States
Official signs
Flages
Hallmarks - poinçons
Armorials bearings - blason
Name of intergovernmental org
Only for goods that would suggest a connection
PDO PGI
Protection: For identical products - Comparable products
