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Marketing and Branding Strategies(Trade Marks and Designs)
Vivien IrishConsultant Patent Attorney
Vivien Irish, WIPO and TPI, Istanbul January 2005
Very early trademarks
Vivien Irish, WIPO and TPI, Istanbul January 2005
Later trademarksEdouard Manet: Un Bar au Folies Bergere, 1882
Vivien Irish, WIPO and TPI, Istanbul January 2005
Turkish Trade Mark Act 1995 andCommunity Trade Mark Act
A Trade Mark means any sign which can be represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings
Vivien Irish, WIPO and TPI, Istanbul January 2005
Any sign capable of distinguishingEg: Invented word Xerox for photocopiers Kodak for cameras but NOTSafemix for valves to mix hot and coldand notOrlwoola a misspelling of all wool
Vivien Irish, WIPO and TPI, Istanbul January 2005
Any sign capable of distinguishingApple for computers
Jaguar for automotives
Eg: A word taken out of context
Vivien Irish, WIPO and TPI, Istanbul January 2005
Any sign capable of distinguishingEg: A symbol or device"
Vivien Irish, WIPO and TPI, Istanbul January 2005
the goods and services of one undertaking from those of other undertakings Goods are divided into 34 classes.Services are divided into 8 classes.Penguin is registered for books, class 16, paper goods.Penguin is registered for biscuits, class 30, bakery products
Vivien Irish, WIPO and TPI, Istanbul January 2005
.can be registered as a trademarkTrademarks are registered at national Trademark Offices,or internationally via the Madrid system,or for a region, eg: European Community.
Can use a Trademark Attorney or Trademark Agent who is expert in the law of trademarks optional but advisable.
Vivien Irish, WIPO and TPI, Istanbul January 2005
Cannot register a trade mark if:- it is devoid of distinctivenessit is identical or confusingly similar to an earlier mark for identical or confusingly similar products or servicesit is exclusively a sign used in the trade
Vivien Irish, WIPO and TPI, Istanbul January 2005
Indicating a Trademark
Can use TM after the Mark
If registered, can use R after the Mark
Vivien Irish, WIPO and TPI, Istanbul January 2005
Infringement of a registered trade markSame sign on the same goods or services
Same or similar sign on same goods or services or on goods or services so similar that there is a risk of confusing the public
Infringement can be civil or criminal act
Vivien Irish, WIPO and TPI, Istanbul January 2005
Other types of Trademark ICollective Marks
A Group applies to register the Mark and sets rules for its useEg a mark used by 16 apple-growing cooperatives in Italy
Vivien Irish, WIPO and TPI, Istanbul January 2005
Other types of Trademark IICertification Marks In Turkey Guarantee Marks
Owner controls common characteristics and methods of production
Woolmark used by manufacturers of pure new wool products in 67 countries
Vivien Irish, WIPO and TPI, Istanbul January 2005
Other types of Trademark IIIGeographical Marks or Appellations of Origin Name of place, area or regionUsed to designate quality or character of product due to inherent natural and human factors of the placeEg labels on wine bottles
Vivien Irish, WIPO and TPI, Istanbul January 2005
Industrial DesignsTurkish Industrial Designs Law 1995
Community Registered Designs
Vivien Irish, WIPO and TPI, Istanbul January 2005
Registered Designs typical products
Vivien Irish, WIPO and TPI, Istanbul January 2005
Appearance of the whole or part of a product resulting from features of, in particular, the lines, contour, shape, texture and/or materials of the product itself and/or its ornamentation
Product = industrial or handicraft item including.. packaging, get-up, graphic symbols
Vivien Irish, WIPO and TPI, Istanbul January 2005
A design must:-
be new but 1year grace period
have an individual character
Vivien Irish, WIPO and TPI, Istanbul January 2005
Cannot register a design
for features of appearance dictated solely by technical function
for features which allow a product to fit to another product
Vivien Irish, WIPO and TPI, Istanbul January 2005
How to register a design I
Apply to Designs Registry
- in Turkey for a Turkish Registration
- in Alicante in Spain for a Community Registration(through the Turkish Design Registry)
Vivien Irish, WIPO and TPI, Istanbul January 2005
How to register a design II
Provide an illustration of the product from several anglesPay a feeCan use a patent attorney
Vivien Irish, WIPO and TPI, Istanbul January 2005
Advantages of a design registration
Can last for 5 X 5 = 25 years- if renewal fees are paidCan stop use of same design on any product including making, offering, importing, exporting, putting on the marketVisual test compare registration with the offending article
Vivien Irish, WIPO and TPI, Istanbul January 2005
Community Unregistered Design
Lasts for 3 yearsFor tangible three-dimensional articlesMust be not commonplaceInfringed by copying
Vivien Irish, WIPO and TPI, Istanbul January 2005
The end
Thank you for listening
Vivien Irish, WIPO and TPI, Istanbul January 2005
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