Trade Mark

Trade Mark Law – protect ‘Mark’ of the product or service (service mark)

Mark can be so many things such as, drawing/picture of the owner/set of colors/numbers/words/signature/but not geographical names

Mark must be distinctive and not similar to those registered to the point of misleading

Well-known mark is also protected (even if they are not registered)

Duration of legal protection – 10 years + renewable 10 years each

Passing-Off (non-registered mark) – protect reputation

Exclusive right – use the registered mark with product/service; licensing agreement

Some interesting Trade Mark Infringement

Starbuck Case

Adidas Case

Gucci Case

Converse and the Chuck Taylor

Trade Mark & Modern Commerce:

examples

The Original comic strip by Willy Vandersteen

The Parody?

Tintin goes to the Moon

Comic strip by Hergé