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Trademarks - Coggle Diagram
Trademarks
- Analyse the grounds of infringement irt TMs
5.2. Once reg, owner can take legal action against third parties.
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5.4. Section 34(1)(c) - dilution provision. So similar it causes dilution despite causing confusion or not.
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- Analyse the registration procedure for a TM with ref to section 9 and 10 of the TMA
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2.7. Amendments are made ito of section 25 and is limited to how much of an amendment occurs and if the Registrar believes that not much was amended to change the identity of the original trademark.
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2.9. Distinguisability
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2.9.5. Once it passes through section 9 test, must be judged through section 10 provisions; lack of intrinsic registrability
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- Defences to trademark infringement
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- The essence of a trademark
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1.1. A trademark is a bade or symbol that a producer of a goods or service uses in order to inform the public that he is the supplier of that goods or service.
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8.2. Verimark
8.2.2. A primary infringement would occur when it is established that the consumer is likely to believe that because of the use of TM by third party, they believe that the goods or services of 3rd party is provided by the TM holder.
8.2.3. If use causes a material link to product of TM holder, there is TM infringement.
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8.2.4. No impression or link here because the car was only in the ad to showcase the properties of the products being advertised - no blurring of lines.
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8.1. Beecham
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8.1.5. Before this tablet was produced there was another one that had same shape, therefore the shape of Augmentin was not inherently distinctive.
8.1.1. Shape is registrable but shape cannot come from nature of good or produce a technical result.
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7.1. Special elements
7.1.2. A misrepresentation that a traders goods or services is linked to the goods or services of the trader who owns the reputation.
7.1.3. If that reputation would lead to consumers being confused that those businesses are associated with one another.
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- Differentiate between assignment, transmission and licencing
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4.3. Licencing
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4.3.3. Payment is through a percentage os the sale price of the goods or service provided under the mark of the licensee.
4.3.4. Proprietor must exercise control over TM being used by licensee and latter must use it in a way to show consumers that they are not the proprietors badge of origin.
4.3.5. If the licensee acts in a way that causes confusion, it endangers the TM.
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- Discuss how trademarks can be amended and renewed
3.1. Trademark can be amended if amendment does not inherently change the identity of the original TM applied for.
3.2. Trademarks can be in force for ten years since its application. May renew it for another ten years.
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