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Text of the page (random words):
union intellectual property office euipo registration provides the owner certain exclusive rights and provides legal remedies against unauthorised use by others 9 10 trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement dilution or unfair competition 11 international agreements such as the paris convention and the madrid protocol simplify the registration and protection of trademarks across multiple countries 12 13 additionally the trips agreement sets minimum standards for trademark protection and enforcement that all member countries must follow 14 15 16 terminology edit trademarks edit the term trademark can also be spelled trade mark in regions such as the eu uk and australia and as trade mark in canada despite the different spellings all three terms denote the same concept 17 18 in the united states the lanham act defines a trademark as any word phrase symbol design or combination of these things used to identify goods or services 1 trademarks help consumers recognise a brand in the marketplace and distinguish it from competitors 19 a service mark also covered under the lanham act is a type of trademark used to identify services rather than goods 20 the term trademark is used to refer to both trademarks and service marks 19 similarly the world intellectual property organization wipo defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises 21 wipo administers the madrid protocol which allows trademark owners worldwide to file one application to register their trademark in multiple countries 12 approximate representation of burberry check pattern the pattern is a registered trademark of burberry ltd almost anything that identifies the source of goods or services can serve as a trademark in addition to words slogans designs or combinations of these trademarks can also include non traditional marks like sounds scents or colours 4 5 under the broad heading of trademarks there are several specific types commonly encountered such as trade dress collective marks and certification marks trade dress the design and packaging of a product 22 for example the distinctive decor of the hard rock cafe restaurant chain is considered trade dress 23 the lanham act protects trade dress when it serves as a source identifier similar to a trademark 22 collective mark a type of trademark used by members of a collective organisation to indicate that the goods or services originate from members who meet the organisation s admission standards 24 25 26 for instance the collective mark best western is used by its members for hotel services 24 certification mark a type of trademark used by authorised individuals or businesses to indicate to consumers that specific goods or services or their providers meet the quality standards set by a certifying organisation 27 28 29 for example the energy star certification mark is used by authorised users to show that their products meet the energy efficiency standards established by the u s environmental protection agency 27 30 the energy star certification mark is displayed on products homes buildings and plants that have been verified as meeting the program s energy efficiency standards to maintain distinctiveness trademarks should function as adjectives not as nouns or verbs and be paired with a generic product or service name they should also stand out from the surrounding text using capital letters bold type italics colour underlining quotation marks or a unique stylised format for example say lego toy blocks instead of lego s 31 9 trademark symbols edit a trademark may be designated by the following symbols for unregistered trademarks related to goods 32 for unregistered service marks connected to services 32 reserved for registered trademarks 32 registered trademark symbol trademark symbol while and apply to unregistered marks for goods and for services 33 the symbol indicates official registration with the relevant national authority 33 34 using the symbol for unregistered trademarks is misleading and can be treated as an unfair business practice 32 it may also result in civil or criminal penalties 32 brand vs trademark edit a brand is a marketing concept that reflects how consumers perceive a product or service 35 it has a much wider meaning and refers to the proprietary visual emotional rational and cultural image that customers associate with a company or product 9 35 a trademark by contrast offers legal protection for a brand with enforceable rights over the brand s identity and distinguishing elements 35 fundamental concepts edit public policy edit trademark law is designed to fulfill the public policy objective of consumer protection by preventing the public from being misled as to the origin or quality of a product or service by identifying the commercial source of products and services trademarks facilitate the identification of products and services which meet the expectations of consumers as to the quality and other characteristics citation needed trademarks may also serve as an incentive for manufacturers providers or suppliers to consistently provide quality products or services to maintain their business reputation furthermore if a trademark owner does not maintain quality control and adequate supervision about the manufacture and provision of products or services supplied by a licensee such naked licensing will eventually adversely affect the owner s rights in the trademark for us law see ex eva s bridal ltd v halanick enterprises inc 639 f 3d 788 7th cir 2011 this proposition has however been watered down by the judgement of the house of lords in the case of scandecor development ab v scandecor marketing ab et al 2001 ukhl 21 wherein it has been held that the mere fact that a bare licence the equivalent of the united states concept of a naked licence has been granted did not automatically mean that a trademark was liable to mislead 36 by the same token trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing when assigning an interest in a trademark if the associated product or service is not transferred with it then this may be an assignment in gross and could lead to a loss of rights in the trademark it is still possible to make significant changes to the underlying goods or services during a sale without jeopardising the trademark but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark citation needed comparison with patent and copyright edit see also functionality doctrine and threshold of originality trademarks are often confused with patents and copyrights although all three laws protect forms of intangible property collectively known as intellectual property ip they each have different purposes and objectives trademark patent or copyright 37 trademark patent copyright forms a word phrase design or a combination that identifies and distinguishes each party s goods or services from those of others and indicates their sources technical inventions such as chemical compositions like pharmaceutical drugs mechanical processes like complex machinery or machine designs that are new unique and usable in some type of industry artistic literary or intellectually created works such as novels music movies software code photographs and paintings that are original and exist in a tangible medium such as paper canvas film or digital format example coca cola for soft drinks a new type of hybrid engine song lyrics to let it go from frozen protects protects brands against unauthorised registration by other parties and helps prevent others from using similar trademarks with related goods or services safeguards inventions and processes against duplication manufacturing usage or sale by other parties without the inventor s consent protects the exclusive right to reproduce distribute and perform or display the created work and prevents other people from copying or exploiting the creation without the copyright holder s permission among these types of ip only trademark law offers the possibility of perpetual rights provided the trademark is continuously used and renewed 38 39 however if a trademark is no longer in use its registration may be subject to cancellation 40 trademarks can also lose protection through genericide a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection 41 a well known example is escalator which was once a trademark 41 42 in contrast patents have a fixed term typically lasting 20 years from the filing date 43 44 after which the invention enters the public domain copyrights generally last for the life of the author plus an additional 50 to 70 years depending on the jurisdiction 45 46 after which the protected work enters the public domain although intellectual property laws such as these are theoretically distinct more than one type may afford protection to the same article for example the particular design of a bottle may qualify for copyright protection as a non utilitarian sculpture or trademark protection based on its shape or the trade dress appearance of the bottle as a whole may be protectable titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as a whole trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on lego bricks 47 history edit early origins edit prehistoric lascaux cave paintings the earliest examples of use of markings date back to around 15 000 years ago in prehistory similar to branding practices the lascaux cave paintings in france for instance depict bulls with marks which experts believe may have served as personal marks to indicate livestock ownership 48 49 around 6 000 years ago egyptian masonry featured quarry marks and stonecutters signs to identify the stone s origin and the workers responsible 48 wine amphorae marked with seals were also found in the tomb of pharaoh tutankhamun who ruled ancient egypt more than 3 000 years ago 50 48 over 2 000 years ago chinese manufacturers sold goods marked with identifying symbols in the mediterranean region 48 trademarks have also been discovered on pottery porcelain and swords produced by merchants in ancient greece and the roman empire 48 51 other notable trademarks that have been used for a long time include stella artois which claims use of its mark since 1366 and löwenbräu which claims use of its lion mark since 1383 52 53 national trademarks edit the first trademark legislation was passed by the parliament of england under the reign of king henry iii in 1266 which required all bakers to use a distinctive mark for the bread they sold 54 the first modern trademark laws emerged in the late 19th century in france the first comprehensive trademark system in the world was passed into law in 1857 with the manufacture and goods mark act in britain the merchandise marks act 1862 made it a criminal offence to imitate another s trade mark with intent to defraud or to enable another to defraud the passing of the trade marks registration act 1875 allowed formal registration of trademarks at the uk patent office for the first time 55 registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 january 1876 the 1875 act defined a registrable trade mark as a device or mark or name of an individual or firm printed in some particular and distinctive manner or a written signature or copy of a written signature of an individual or firm or a distinctive label or ticket 56 in the united states congress first attempted to establish a federal trademark regime in 1870 55 this statute purported to be an exercise of congress copyright clause powers however the supreme court struck down the 1870 statute in the trade mark cases later on in the decade in 1881 congress passed a new trademark act this time according to its commerce clause powers congress revised the trademark act in 1905 57 the lanham act of 1946 updated the law and has served with several amendments as the primary federal law on trademarks 58 the trade marks act 1938 in the united kingdom set up the first registration system based on the intent to use principle the act also established an application publishing procedure and expanded the rights of the trademark holder to include the barring of trademark use even in cases where confusion remained unlikely this act served as a model for similar legislation elsewhere 59 oldest registered trademarks edit bass brewery s logo became the first image to be registered as a trademark in the uk in 1876 60 the oldest registered trademark has various claimants enumerated below australia most significant companies were already using trademarks in the mid nineteenth century and while australia based its patent law on the british law system the then province of south australia 1863 and colonies queensland and tasmania 1864 new south wales 1895 victoria 1876 and western australia in 1885 had enacted laws to protect trademarks well before britain did 61 thus the bank of new south wales had registered its coat of arms in c 1850 and firms such as tasmanian jam and preserved fruit co had a trademark in 1878 61 when after the federation of australia the commonwealth trademarks register was introduced on 2 july 1906 and the trade marks office opened in melbourne on which date more than 750 applications were lodged 62 a product for treatment for coughs colds and bronchitis peps a wonderful breathing medicine in soluble tablet form was the first of these federal trademarks registered by charles edward fulford a rounded rectangle designed for the top of a tin the shape contained the word peps along with a descriptive blurb that read for coughs colds bronchitis 62 united kingdom 1876 the bass brewery s label incorporating its triangle logo for ale was the first trademark to be registered under the trade mark registration act 1875 60 united states there are at least two claims a design mark with an eagle and a ribbon and the words economical beautiful and durable 63 was the first registered trademark filed by the averill chemical paint company on 30 august 1870 under the trademark act of 1870 54 64 however in the trade mark cases 100 u s 82 1879 the u s supreme court held the 1870 act to be unconstitutional 54 64 the oldest u s registered trademark still in use is trademark reg no 11210 65 a depiction of the biblical figure samson wrestling a lion registered in the united states on 27 may 1884 by the j p tolman company 66 now samson rope technologies inc a rope making company 67 germany 1875 the krupp steel company registered 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