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    Trademarks: Christine Angelica D. Felix 3E

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    Christine Angelica Felix
    The document discusses trademarks and when signs or indications can be protected as trademarks under intellectual property law. It provides definitions and examples of distinctive, customary, and generic trademarks. Key points are that a trademark must be distinctive of a single trader's goods/services and not consist of signs that are customary. A valid trademark can become generic if the public misuses it sufficiently that it becomes the generic name for the product. Examples of trademarks that became genericized include Xerox, Thermos, and Escalator.

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    Trademarks: Christine Angelica D. Felix 3E

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    Christine Angelica Felix
    99 views10 pages
    The document discusses trademarks and when signs or indications can be protected as trademarks under intellectual property law. It provides definitions and examples of distinctive, customary, and generic trademarks. Key points are that a trademark must be distinctive of a single trader's goods/services and not consist of signs that are customary. A valid trademark can become generic if the public misuses it sufficiently that it becomes the generic name for the product. Examples of trademarks that became genericized include Xerox, Thermos, and Escalator.

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    Customary

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    The document discusses trademarks and when signs or indications can be protected as trademarks under intellectual property law. It provides definitions and examples of distinctive, customary, and generic trademarks. Key points are that a trademark must be distinctive of a single trader's goods/services and not consist of signs that are customary. A valid trademark can become generic if the public misuses it sufficiently that it becomes the generic name for the product. Examples of trademarks that became genericized include Xerox, Thermos, and Escalator.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    99 views10 pages

    Trademarks: Christine Angelica D. Felix 3E

    Uploaded by

    Christine Angelica Felix
    The document discusses trademarks and when signs or indications can be protected as trademarks under intellectual property law. It provides definitions and examples of distinctive, customary, and generic trademarks. Key points are that a trademark must be distinctive of a single trader's goods/services and not consist of signs that are customary. A valid trademark can become generic if the public misuses it sufficiently that it becomes the generic name for the product. Examples of trademarks that became genericized include Xerox, Thermos, and Escalator.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    Trademarks

    Christine Angelica D. Felix 3E

    Sec 123.1 (i) of IP Code


    Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in bona fide and established trade practice

    Article 6 B(2) Paris Convention


    When they are devoid of any distinctive character, or consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, place of origin, of the goods, or the time of production, or have become customary in the current language or in the bona fide and established practices of the trade of the country where protection is claimed;

    Distinctiveness of Trademark
    A trade mark must be distinctive of a single traders goods or services. This means it must be unusual enough that consumers would identify it with only one trader. If a trade mark is non-distinctive it means that the public would not identify the trade mark as a brand or logo.
    Source: http://distinctivetrademark.com/

    Customary
    in accordance with custom or habitual practice; usual; habitual founded upon long continued practices and usage rather than law.

    Where a word or a term was originally the subject of trademark, but becomes so associated in the public mind with an article to which it is applied and thereby becomes a generic indicator, IT CAN NO LONGER BE PROTECTED. A valid trademark can become generic if the consuming public misuses the mark sufficiently for the mark to become the generic name for the product.
    Source: Aquino, Ranhilio. Intellectual Property Law. Central Books. 2006

    Genericized Trademarks
    A trademark is said to be genericized when it began as distinctive but has changed in meaning to become generic. A trademark typically becomes "genericized" when the products or services with which it is associated have acquired market dominance or mind share such that the primary meaning of the genericized trademark becomes the product or service itself rather than an indication of source for the product or service to such an extent that the public thinks the trademark is the generic name of the product or service.

    Xerox

    Escalator

    Sources: http://robdkelly.com/blog/marketing/the-top-100-colloquial-brands/ http://en.wikipedia.org/wiki/Genericized_trademark http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks http://www.ipos.gov.sg/leftNav/tra/ http://www.uspto.gov/web/offices/ac/ahrpa/opa/kids/kidprimer.html Aquino, Ranhilio. Intellectual Property Law. Central Books. 2006

    Thermos

    Zipper
    Sources: http://robdkelly.com/blog/marketing/the-top-100-colloquial-brands/ http://en.wikipedia.org/wiki/Genericized_trademark http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks http://www.ipos.gov.sg/leftNav/tra/ http://www.uspto.gov/web/offices/ac/ahrpa/opa/kids/kidprimer.html Aquino, Ranhilio. Intellectual Property Law. Central Books. 2006

    examples
    Aspirin Dry Ice Cellophane Zipper Yo-Yo Thermos Escalator Jacuzzi Popsicle Scotch Tape Styrofoam Velcro Tupperware Xerox

    Source: http://en.wikipedia.org/wiki/List_of_generic_and_genericized_trademarks

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