Trademarks, designs and domain names
The conditions for a valid trademark, filing by Nice class, duration and revocation, protecting an appearance through design rights, and domain name allocation in the face of trademarks.
- 22 cards
- 4 topics
- Free
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Each topic is weighted the way the exam weighs it.
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A few cards from the deck
Distinctiveness: what is it?
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The ability of a sign to identify the origin of a product or service and set it apart from competitors'.
A sign that is generic, descriptive or customary for the goods named lacks it, so it is refused. The more arbitrary or invented a word, the more distinctive it is.
What conditions must be met to protect a product's appearance as a design?
- Novelty and individual character
- Novelty and inventive step
- Distinctiveness and availability
- Originality and industrial applicability
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Novelty and individual character
A design must be new and have individual character, meaning it gives the informed observer a different overall visual impression. Inventive step is a patent condition, distinctiveness and availability are trademark ones.
A trademark is protected for … from filing, and this period can be renewed … for a fee.
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A trademark is protected for 10 years from filing, and this period can be renewed without limit for a fee.
It is the only industrial protection that can last indefinitely, provided it is renewed and used.
Nice classes: what is it?
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The international classification sorting goods and services into 45 classes, by which a trademark is filed and its protection delimited.
A trademark protects only for the goods and services designated (and similar ones): a mark filed in class 9 for software is not protected for clothing in class 25.
A third party registers your trademark's name under .fr and offers to resell it at a high price. What is the characterisation and the way forward?
- No wrong: first come is served, you must pay
- Abusive registration; AFNIC procedure to obtain transfer
- Patent infringement; action before the INPI
- Breach of copyright in the name; complain to the CNIL data authority
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Abusive registration; AFNIC procedure to obtain transfer
Registration is free, but registering a trademark in bad faith to resell it is abusive. The holder can obtain transfer of the name through the AFNIC procedure or go to court.