Marketing and Branding Strategies (Trade Marks and Designs)

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Marketing and Branding Strategies(Trade Marks
and Designs)

• Vivien Irish
• Consultant Patent Attorney

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Very early trademarks
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Later trademarks
Edouard Manet Un Bar au Folies Bergere, 1882
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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

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Any sign capable of distinguishing

• Eg Invented word
• Xerox for photocopiers
• Kodak for cameras

• but NOT
• Safemix for valves to mix hot and cold
• and not
• Orlwoola a misspelling of all wool

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Any sign capable of distinguishing

• Eg A word taken out of context

• Apple for computers
• Jaguar for automotives

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Any sign capable of distinguishing

• Eg A symbol or device"

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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
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.can be registered as a trademark

• Trademarks 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.

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Cannot register a trade mark if-

• it is devoid of distinctiveness
• it is identical or confusingly similar to an
  earlier mark for identical or confusingly similar
  products or services
• it is exclusively a sign used in the trade

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Indicating a Trademark

• Can use TM after the Mark

If registered, can use R after the Mark
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Infringement of a registered trade mark

• Same 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

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Other types of Trademark ICollective Marks

• A Group applies to register the Mark and sets
  rules for its use
• Eg a mark used by 16 apple-growing cooperatives
  in Italy

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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

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Other types of Trademark IIIGeographical
Marks or Appellations of Origin

• Name of place, area or region
• Used to designate quality or character of product
  due to inherent natural and human factors of the
  place
• Eg labels on wine bottles

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Industrial Designs

• Turkish Industrial Designs Law 1995
• Community Registered Designs

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Registered Designs typical products
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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
ornamentationProduct industrial or
handicraft item including.. packaging, get-up,
graphic symbols
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A design must-be new but 1year grace
periodhave an individual character
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Cannot register a designfor features of
appearance dictated solely by technical
functionfor features which allow a product to
fit to another product
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How to register a design IApply to Designs
Registry - in Turkey for a Turkish
Registration - in Alicante in Spain for a
Community Registration (through the Turkish
Design Registry)
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How to register a design II

• Provide an illustration of the product from
  several angles
• Pay a fee
• Can use a patent attorney

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Advantages of a design registrationCan 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
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Community Unregistered DesignLasts for 3
yearsFor tangible three-dimensional
articlesMust be not commonplaceInfringed by
copying
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The endThank you for listening