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Academic literature on the topic 'Trademark'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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Journal articles on the topic "Trademark"

1

Cheng, Ming. "The Legal Practice of Trademark Dilution Theory in Protecting Brand Value in China." Advances in Economics, Management and Political Sciences 66, no. 1 (January 5, 2024): 206–11. http://dx.doi.org/10.54254/2754-1169/66/20241231.

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Trademark dilution theory aims to further develop and protect the trademark's own value and its new function, and to provide protection for well-known trademarks on non-identical or non-similar goods. Trademark dilution theory has not yet been systematically and clearly stipulated in Chinese trademark law, but it has increasingly become the basis for references and judgments in the cross-class protection of well-known trademarks. This paper explores and summarizes the novel function of trademarks in protecting brand value through the methods of literature research and theoretical study, citing the case of trademark right dispute between Hunan Yong He Food Co. and Beijing Byte Dance Technology Co. Ltd, as a case, the paper analyzes the design of legal rules to regulate the dilution in judicial practice. It is concluded that although the object of trademark dilution protection in China is relatively clear at present, which is limited to well-known trademarks, there are problems such as unclear boundaries between dilution and confusion, inconsistent determination standards, and generalized reasoning process of judges.

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Sharma, Yuvraj, and Jatin Patil. "Understanding the Concept of Phonetic and Visual Similarity Vis-A-Vis To Letter Trademarks Through Judicial Precedents." DME Journal of Law 4, no. 02 (December 25, 2023): 40–47. http://dx.doi.org/10.53361/dmejl.v4i02.05.

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The assessment of the distinctiveness of trademarks, despite the criteria outlined in the Trademark’s Act of 1999, specifically under sections 9 and 11, presents a formidable challenge, often necessitating the discerning perspective of the judiciary. As a fundamental guiding principle, both examiner and courts are obliged to evaluate a trademark as a unified entity. In recent years, there has been a discernible rise in the scrutiny of phonetic similarities between marks. The legal framework for dealing with the infringement of a registered mark due to phonetic resemblance is encapsulated within section 29(9) of trademarks act 1999. This section expressly stipulates that a mark may be infringed by the oral as well as the visual representation of words. The Supreme Court has consistently affirmed the imperative need to consider both auditory and visual aspects when comparing trademark. This paper delves into an analysis of numerous judgements handed down by the Supreme Court and various High Courts, primarily focusing on the assessment of both phonetic and visual aspects of trademarks. Special emphasis has been placed upon letter trademarks and their susceptibility to both visual and phonetic infringement. While trademarks typically encompass various elements such as devices, color combinations, letters and images, letter trademarks, often consisting of a single letter with descriptive trade connotations, are generally considered weaker trade makers. To establish trademark rights in such instances compelling evidence of usage is requisite. Conversely, trademarks comprised of more than one letter, devoid of descriptive elements pertaining to goods and trade, are regarded as stronger trademarks. In cases where a letter trademark incorporates a unique device, it offers robust protection for the trademark. This paper references multiple case laws where esteemed courts have recognised unequivocally rights with respect to letter trademarks.

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Yunita, Yunita, and Nurul Fitria. "Differences In Destruction Time and Determination of Generic and Trademark Paracetamol Tablets Using UV Spectrophotometry Method." PHARMADEMICA : Jurnal Kefarmasian dan Gizi 3, no. 1 (November 8, 2023): 37–44. http://dx.doi.org/10.54445/pharmademica.v3i1.37.

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Paracetamol is one of the most widely used antipyretic analgesic drugs in the community. Paracetamol in circulation, both generic and trademarked, is generally given in the form of tablets containing 500 mg of the active ingredient. At this time people prefer to use trademarked paracetamol tablets with the assumption that trademarked drugs are more efficacious than generic drugs. This study aims to determine the difference in disintegration time and content of generic paracetamol tablets with trademarks. The study was conducted on 2 samples of generic paracetamol tablets with 2 samples of paracetamol tablets of different brands. The results of the disintegration time test showed that the average of generic A paracetamol tablets was 8.41 minutes, generic B 1.2 minutes, trademark A 2.14 minutes, trademark B 1.2 minutes. While the results of the average level test obtained paracetamol tablets generic A 109.87% generic B 105.95% trademark A 103.28% trademark B 92.49% with categories according to the standards set in the literature. The results of the Paired Sample T-test on disintegration time obtained a value of 0.006 and the results on the level test of 1.00 so that it can be concluded that between generic and trademarked paracetamol tablets only have differences in disintegration time with the same concentration.

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Ding, Siyu. "Study on the Regulatory Management System for Idle Registered Trademarks." Academic Journal of Management and Social Sciences 6, no. 2 (February 28, 2024): 114–18. http://dx.doi.org/10.54097/b8wf3851.

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There are a large number of unused trademarks in the huge volume of registered trademarks in China, which wastes trademark resources, administrative trademark examination resources and judicial resources, disturbs the normal trademark order and market order. At present, China's law on the disposal of unused registered trademarks can only be based on the "If the trademark owner does not use the registered trademark for three years, the third party has the right to apply for its cancellation" system to make the unused trademark rights to the elimination of the new round of reform of the trademark law, although the new provisions to explain the use of trademarks, but a single provision cannot give full play to the effect of the supervision of unused registered trademarks. The regulation and supervision of unused trademarks should be based on the establishment of a standardized management system for unused trademarks at the macro level, which includes prevention, identification and relief, and at the micro level, unused trademarks with different causes should be classified into different categories and phases to be discussed and dealt with.

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Hukamawati, Dinartika, and Arifah Fibri Andriani. "ANALISIS PENERAPAN ARM’S LENGTH PRINCIPLE PADA TRANSAKSI PEMBAYARAN ROYALTI ATAS PEMANFAATAN MEREK DAGANG (TRADEMARK) KEPADA PERUSAHAAN AFILIASI." INFO ARTHA 4 (May 24, 2017): 1–18. http://dx.doi.org/10.31092/jia.v4i4.34.

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Trademark is a unique marketing intangible. It does not only involve the expenses of marketing, advertising, and promoting, but the reputation of the trademark's owners also takes part in the development of trademark. Many parties involve in the development of trademark. In the context of transfer pricing, these parties entitle to some compensation. And arm's length principle must be applied to determine the reasonable compensation for the use of trademark. Transaction payment of royalties on trademarks is subject to taxes.The taxation of transactions payment of royalties on the use of the trademark among affiliated companies also created disputes between the taxpayer and Tax collector. Cases disputed are related to the fairness of the transaction relating to the determination of royalty payments on trademarks which cover: definition, identification, allocation and valuation between affiliated companies (Caroline Silberztein, 2010). The dispute raises the burden of the cost of compliance for taxpayers and cost of collection to the tax authorities.This study aims to determine how to identify ownership and economic benefits, as well as the best method which can be applied to determine the reasonable price of royalty payment transaction for the trademark use.The results shows that in order to determine the parties entitled to compensation/ remuneration are: Party who can be legally declared to have legal ownership (legal owner) which are parties that have control over decisions related to the exploitation of the intangible as well as the right to restrict others to use intangible; Parties that contribute to the value of the trademark by identifying the parties who bear the cost and risk of the development of the trademark.

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Fibrianti, Nurul. "Trademarks and The Protection for Business Actors in Indonesia: Some Contemporary Issues and Problems." Indonesian Journal of Advocacy and Legal Services 2, no. 1 (March 31, 2020): 103–10. http://dx.doi.org/10.15294/ijals.v2i1.38040.

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The brand represents the identification to distinguish the results of the production of one business with other businesses, the brand is used as a product promotion tool, therefore the trademark is very important to protect the business. Through Law No. 20 of 2016, the state gives approval to all trademarks supported by businesses by requesting these trademarks. But only 4% of the number of SMEs that fulfill the trademark. Micro, small and medium business operators are not required trademarks because of their understanding and importance of trademarks, paid trademark registration and the complexity of the process and requirements for trademark registration are also additional supplements for SMEs. Therefore, there is a need for enhanced socialization of the importance of trademark registration and assistance with trademark registration.

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Su, Rui. "On the Regulation of Bad Faith Trademark Registration." International Journal of Education and Humanities 5, no. 3 (November 16, 2022): 193–95. http://dx.doi.org/10.54097/ijeh.v5i3.2801.

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With the continuous development of market economy, the intangible value attached to the trademark is more and more large, large-scale malicious trademark registration has destroyed the order of trademark registration, we must take effective measures to curb the malicious trademark registration. For the cognizance of malicious registration of trademarks, currently only in national trademarks promulgated by the administrative organs of the trademark review and hearing standard to judge the malicious registration of trademarks in the specific reference, for the standard of "malicious" did not make clear a regulation, at the same time, there is trademark registration system focusing too much on the use of the trademark application time and ignoring the trademark; Too long objection period is not conducive to the rights protection of interested parties; The illegal cost borne by malicious registrants is too small. Through the comparative analysis of foreign provisions on malicious trademark registration, the differences between malicious and related concepts are analyzed, and the following suggestions are put forward: clarifying the identification standard of "malicious" and strengthening the intention of trademark applicants to use trademarks; In order to curb the phenomenon of malicious trademark registration, we should adopt the mode of absolute reason examination and the objection to the front mode, and appropriately increase the legal liability of malicious applicant.

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Jia, Ziyan. "Protection of Well-Known Trademarks under the Internet." Advances in Economics, Management and Political Sciences 68, no. 1 (January 5, 2024): 262–67. http://dx.doi.org/10.54254/2754-1169/68/20241419.

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As the digital age advances, many trademark registrants have utilized the Internet as a medium to increase the visibility of their trademarks and brands, thereby obtaining greater benefits compared to traditional methods of trademark display, such as physical advertisements and television broadcasts. However, the Internet has also expanded the forms of trademark infringement while breaking down the territorial protection limitations of traditional trademark rights. Well-known trademarks, due to their own popularity and prominence, make them the first target of intellectual property infringement in the Internet environment. And due to the lag in legislation, the trademark infringement caused by the Internet will encounter obstacles in the process of defending rights. Therefore, this paper analyzes the protection of well-known trademarks in the context of the Internet by means of theoretical analysis and overview analysis. At the same time, it takes the problems expected in the protection of well-known trademarks in China as an example and provides corresponding measures to solve the problems. Relative protection is adopted for unregistered well-known trademarks, and with their own higher goodwill and trademark value, well-known trademarks should be given special protection. Extending the protection of well-known trademarks to the network environment is the inevitable development trend of well-known trademark protection.

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Elcott, Noam M. "Kubism™: Picasso, Trademarks and Bouillon Cube." Arts 13, no. 1 (February 7, 2024): 30. http://dx.doi.org/10.3390/arts13010030.

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Pablo Picasso’s Landscape with Billboards (1912) evinces a deep and complex relationship with emergent trademark and related intellectual property law in France. Among the three trademarked logos featured prominently in the work is that for Bouillon Kub. Critics, caricaturists, and the Cubists themselves toyed with the visual and textual rhymes between Cubism and Bouillon Kub. But only Picasso in his Landscape with Billboards engaged deeply with the nascent trademark and design protection laws exploited more forcefully by Bouillon Kub than nearly any other brand. This essay is a small part of a larger chapter on Picasso, Cubism, and the semiotics of trademark, which, in turn, is a part of the book project Art™: A History of Modern Art, Authenticity, and Trademarks.

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Minchenko, Nataliia. "Protection of trademark property rights in pharmaceuticals. Analysis of judicial practice." Theory and Practice of Intellectual Property, no. 6 (February 27, 2023): 56–63. http://dx.doi.org/10.33731/62022.274635.

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Keywords: trademarks in the pharmaceutical industry, trademarks ownershipviolations, trademarks protection, case law, trademarks protection cases, invalidationof the trade mark certificate, early termination of the certificate The relevance of this article is that the largest number of legal disputes in the sphere of intellectual property are disputes concerning violation of property rights for trademarks. At the same time, in economicproceedings, part of the court cases on the protection of trademark rights in the pharmaceutical industry represents about 40% of the total number of court cases on the protection of rights to trademarks. The article studies theoretical provisions of protection of trademark rights in the field of pharmaceuticals, as well as practical issues of violations of these rights. Special attention is paid to the analysis of court practice of protection of trademark rights in the field of pharmaceuticals. It has been found that the overwhelming number of cases investigated concerns recognition of the Ukrainian trademark certificateas invalid. The analysis of judicial practice made it possible to establish the following statistical data in economic proceedings: cases of invalidation of a trademark certificate are 70%; cases on termination of infringement of rights to the trademark are 12%; cases on early termination of the trademark certificate are 15%; other cases on protection of rights to trademarks make 5%. The article details the legal requirements for each category of court cases. What additional claims are submitted for each category of court cases. The case law analysis revealed that courts for the protection of trademark rights in the pharmaceutical industry are most often sued for declaring the Ukraine trademark invalid in whole or in part and for an obligation to act. In addition, it was found that 70 percent of trademark cases in the pharmaceutical industry resulted in a full or partial award. In civil proceedings it is almost 90 percent. Thus, litigation is a very effective way of protecting trademark rights in the pharmaceutical industry.

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Dissertations / Theses on the topic "Trademark"

1

Islam, Md Akramul. "TRADEMARK FUNCTIONS AND TRADEMARK RIGHTS." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-415707.

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Kerluke, Michelle. "Canadian trademarks and keyword advertising : the unsettled debate over trademark keywords." Thesis, University of British Columbia, 2016. http://hdl.handle.net/2429/58805.

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The most expensive keywords in Google AdWords by average cost-per-click in 2015 was “mesothelioma attorneys tx” priced at $272.00. Keyword advertising is a lucrative business for advertisers and search engines. This thesis will contribute to the academic discussion on unauthorized trademark use in keyword advertising in Canada. Third party advertisers are bidding on competitors’ trademarks without authorization to trigger their sponsored advertisement when the keyword is included in a consumer’s Google search. Trademark infringement has been alleged against Google in the United States and the European Union for the role played by Google AdWords. Canadian trademark law received the first case on keyword advertising in 2015. Keyword advertising is a rapidly developing field: but deep uncertainties remain for the ideal scope of keyword advertising and the ability of ss 19, 20 and 22 of the Canadian Trade-marks Act to provide what will be argued as the ideal scope of keyword advertising. In this thesis I argue that the proper scope of keyword advertising is to prohibit the unauthorized bidding on registered trademark keywords and non-comparative phrases. A doctrinal analysis will be conducted of the current interpretation of ss 19, 20 and 22 of the Canadian Act to determine the extent to which those provisions can provide the ideal scope of keyword advertising. The key issues addressed are trademark use, a likelihood of confusion and depreciation of the value of goodwill of a trademark. A comparative analysis of case law and legislation from the United States and European Union pertaining to trademark use in keyword advertising will supplement the discussion of the Canadian law where there has been a lack of judicial opinion on the subject matter. Based on the current interpretations of ss 19, 20 and 22, it is unlikely that the provisions will provide the ideal scope of keyword advertising. Therefore recommendations to reform the Canadian Trade-marks Act will be set out to address the gaps in the law. The recommended legislative reforms will also include a provision on the extent of search engine liability for unauthorized trademark use in keyword advertising.
Law, Peter A. Allard School of
Graduate

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Morgulova, Olga. "Non-traditional trademarks : Registration of aural and olfactory signs as trademarks in accordance with the latest amendments of the European Trademark Regulation 2015/2424 and Trademark Directive 2015/2436." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-324363.

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Trademarks are an essential and usual part of business. Even though the most part of signs registered in the European Union consists of ‘traditional’ marks (such as words, letters, numerals, etc.), with the development of technologies the registration of ‘non-traditional’ marks (such as colours, sounds, holograms, smells, etc.) became possible and sometimes daily practice. In 2015, European Commission and European Parliament faced the necessity to harmonize an established trademark system by amending the regulations. One of the main changes was the removal of the graphical representation requirement which opens new possibilities for trademark holders in relation to register non-traditional marks like olfactory marks that were not generally accepted for the registration before. This thesis is a brief research of the requirements that are established for the registration of non-traditional marks and the future perspective of European trademark regulation due to the latest amendments.

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Müller, Barbara K. "Multinational trademark registration systems : international trademark registration today and in the future /." Bern : Stämpfli, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/349360197.pdf.

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Puttini, Elena <1994&gt. "Trademark counterfeiting: comparative analysis of trademark regulations in the Italian-Chinese legislation." Master's Degree Thesis, Università Ca' Foscari Venezia, 2019. http://hdl.handle.net/10579/15519.

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My thesis opens up analyzing the historical and international background of the industrial property law: from the first conventions that regulated the laws of the various countries in trademarks subjects to the international TRIPS agreement. The subject then shifts towards national Italian legislation, the national sources that trademarks regulation uses, introducing the concept of "trademark", its characteristics, all the registration and protection process. The second chapter analyzes the trademark discipline from the Chinese point of view, starting from the first law dated 1982 (and the 1993 revision), joining the WTO in 2001 up to the current 2014 trademark law, ending with the analysis of the trademark registration process, compared to the Italian one. The focus of the argument ends with the introduction of the problem related to counterfeiting, analysing the phenomena in all its features, both from the Italian penal code point of view and the Chinese criminal law, introducing cases and sentences that have dealt with trademark counterfeiting in the Italian-Chinese panorama.

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Želvys, Arūnas. "Problems of Trademark Licensing." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110222_154716-87464.

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Analysis of dissertation is focused on problematic aspects of trademark license agreement that exist throughout the conclusion, validity and termination of a contract. Problematic aspects are understood as legal interpretation cases where common and special norms have to be interpreted taking into account specifics of a contract object (right to a trademark). Problematic aspects are conditioned by two reasons: non comprehensive regulation of trademark license and sui generis nature of a contract. Those aspects are related to registration of license in trademark register, legal status of parties of license agreement, right to a trademark (its validity and modifications), transfer of a right to trademark, competition law, delimitation of trademark license agreement from other types of agreements and other problematic aspects. It is concluded that trademark license registration system does not correspond to the tendencies of modern trademark law anymore and registration system should be transformed by refusing of license registration as a condition to use license against third parties, however, leaving a possibility to register license if any of the parties wish to do so; right to apply to a court should be broadened for a non-exclusive license; licensee should not be per se deemed acting unfairly if he takes an action to revoke a trademark that is being license to him because of non use or invalidate it is because of non compliance to absolute grounds; absence of quality... [to full text]
Disertacijoje nagrinėjami prekių ženklo licencinės sutarties probleminiai aspektai, egzistuojantys licencinės sutarties sudarymo, jos galiojimo ir pasibaigimo metu. Probleminiai aspektai darbe suprantami kaip sutartį reglamentuojančių teisės normų aiškinimo atvejai, kuriems esant bendrąsias ir specialiąsias teisės normas būtina aiškinti atsižvelgiant į sutarties objekto (teisės į prekių ženklą) specifiką. Probleminiai aspektai yra sąlygojami dviejų priežasčių: neišsamaus licencinės sutarties reglamentavimo ir sui generis sutarties pobūdžio. Tai aspektai, susiję su sutarties registracija prekių ženklų registre, su sutarties šalių teisiniu statusu, su teise į prekių ženklą (jos galiojimu ar modifikavimu), šios teisės perdavimu, konkurencijos teise, licencinės sutarties atribojimu nuo kitų sutarčių ir bei kiti probleminiai aspektai. Darbe daromos išvados, jog prekių ženklų licencinių sutarčių registracijos sistema neatitinka šiuolaikinės teisės tendencijų ir licencinės sutarties registracijos kaip sąlygos sutartį panaudoti prieš trečiuosius asmenis turėtų būti atsisakyta, tačiau paliekant galimybę registruoti sutartį vienos iš sutarties šalių valia; siūloma išplėsti neišimtinio licenciato teisės kreiptis į teismą ribas; pažymima, kad licenciato veiksmai ginčijant jam licencijuojamą ženklą remiantis absoliučiais ženklo negaliojimo pagrindais ar dėl ženklo nenaudojimo neturėtų būti laikomi savaime nesąžiningais; licenciaro atliekamos kokybės kontrolės licencinėje sutartyje... [toliau žr. visą tekstą]

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Cheng, Hsiao-Mo. "X-ray structural analysis of the thermotropic copolyesters Xyda(registered trademark) and Vectra(registered trademark)." Case Western Reserve University School of Graduate Studies / OhioLINK, 1990. http://rave.ohiolink.edu/etdc/view?acc_num=case1054757724.

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Kochakornjarupong, Paijit. "Trademark image retrieval by local features." Thesis, University of Glasgow, 2011. http://theses.gla.ac.uk/2677/.

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The challenge of abstract trademark image retrieval as a test of machine vision algorithms has attracted considerable research interest in the past decade. Current operational trademark retrieval systems involve manual annotation of the images (the current ‘gold standard’). Accordingly, current systems require a substantial amount of time and labour to access, and are therefore expensive to operate. This thesis focuses on the development of algorithms that mimic aspects of human visual perception in order to retrieve similar abstract trademark images automatically. A significant category of trademark images are typically highly stylised, comprising a collection of distinctive graphical elements that often include geometric shapes. Therefore, in order to compare the similarity of such images the principal aim of this research has been to develop a method for solving the partial matching and shape perception problem. There are few useful techniques for partial shape matching in the context of trademark retrieval, because those existing techniques tend not to support multicomponent retrieval. When this work was initiated most trademark image retrieval systems represented images by means of global features, which are not suited to solving the partial matching problem. Instead, the author has investigated the use of local image features as a means to finding similarities between trademark images that only partially match in terms of their subcomponents. During the course of this work, it has been established that the Harris and Chabat detectors could potentially perform sufficiently well to serve as the basis for local feature extraction in trademark image retrieval. Early findings in this investigation indicated that the well established SIFT (Scale Invariant Feature Transform) local features, based on the Harris detector, could potentially serve as an adequate underlying local representation for matching trademark images. There are few researchers who have used mechanisms based on human perception for trademark image retrieval, implying that the shape representations utilised in the past to solve this problem do not necessarily reflect the shapes contained in these image, as characterised by human perception. In response, a ii practical approach to trademark image retrieval by perceptual grouping has been developed based on defining meta-features that are calculated from the spatial configurations of SIFT local image features. This new technique measures certain visual properties of the appearance of images containing multiple graphical elements and supports perceptual grouping by exploiting the non-accidental properties of their configuration. Our validation experiments indicated that we were indeed able to capture and quantify the differences in the global arrangement of sub-components evident when comparing stylised images in terms of their visual appearance properties. Such visual appearance properties, measured using 17 of the proposed metafeatures, include relative sub-component proximity, similarity, rotation and symmetry. Similar work on meta-features, based on the above Gestalt proximity, similarity, and simplicity groupings of local features, had not been reported in the current computer vision literature at the time of undertaking this work. We decided to adopted relevance feedback to allow the visual appearance properties of relevant and non-relevant images returned in response to a query to be determined by example. Since limited training data is available when constructing a relevance classifier by means of user supplied relevance feedback, the intrinsically non-parametric machine learning algorithm ID3 (Iterative Dichotomiser 3) was selected to construct decision trees by means of dynamic rule induction. We believe that the above approach to capturing high-level visual concepts, encoded by means of meta-features specified by example through relevance feedback and decision tree classification, to support flexible trademark image retrieval and to be wholly novel. The retrieval performance the above system was compared with two other state-of-the-art image trademark retrieval systems: Artisan developed by Eakins (Eakins et al., 1998) and a system developed by Jiang (Jiang et al., 2006). Using relevance feedback, our system achieves higher average normalised precision than either of the systems developed by Eakins’ or Jiang. However, while our trademark image query and database set is based on an image dataset used by Eakins, we employed different numbers of images. It was not possible to access to the same query set and image database used in the evaluation of Jiang’s trademark iii image retrieval system evaluation. Despite these differences in evaluation methodology, our approach would appear to have the potential to improve retrieval effectiveness.

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Alwis, T. P. G. L. S. "Content-based retrieval of trademark images." Thesis, University of York, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.325596.

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Shikwambana, Nkhensani. "Use or abuse of : well-known trademarks." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/27417.

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What is trademark dilution and what does anti-dilution statutes protect? Those are the primary questions that the dissertation seeks to answer. When a well-known trade mark is used by a non-competitor in such a way that the misrepresentation is created that the latter's performance has the same source or origin as the well-known trademark, it is called trademark misappropriation. One of the main reasons for the misappropriation is to promote the latter's product and/or performance and thus benefit from it. Whether we call it use or abuse…it is the dilution of the advertising value of the well-known trademark. The dissertation investigates the concept of dilution in order to establish the specific interest that is protected against dilution.
Dissertation (LLM)--University of Pretoria, 2012.
Private Law
unrestricted

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Books on the topic "Trademark"

1

United States. Patent and Trademark Office. Office of Electronic Information Products, ed. Trademark CD-ROM user's guide: Trademark registrations, Trademarks pending, Trademark assignments, Trademark manual of examining procedure, Goods and services manual : for use with CD answer 2.03. [Washington, D.C.?]: U.S. Dept. of Commerce, Patent and Trademark Office, Office of Electronic Information Products, 1994.

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United States. Patent and Trademark Office. Office of Electronic Information Products, ed. Trademark CD-ROM user's guide: Trademark registrations, Trademarks pending, Trademark assignments, Trademark manual of examining procedure, Goods and services manual : for use with CD answer 2.03. [Washington, D.C.?]: U.S. Dept. of Commerce, Patent and Trademark Office, Office of Electronic Information Products, 1994.

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Nispen, Constantinus Johan Jozef Clemens van, 1950- and Huydecoper, J. L. R. A, 1945-, eds. European trademark law: Community trademark law and harmonized national trademark law. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.

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Smith, Gordon V. Trademark valuation. New York: Wiley, 1997.

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Welter, Phyllis J. Trademark surveys. Deerfield, IL: Clark Boardman Callaghan, 1993.

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China (Republic : 1949- ). Trademark Law. Taipei, Taiwan, Republic of China: National Bureau of Standards, Ministry of Economic Affairs, [1990], 1990.

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China (Republic : 1949- ). Trademark Law. Taipei, Taiwan, Republic of China: Industrial Development and Investment Center, 1985.

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Aronson, Howard N. Trademark management. New York, N.Y: M. Bender, 1991.

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China (Republic : 1949- ). Trademark Law. Taipei, Taiwan, Republic of China: National Bureau of Standards, Ministry of Economic Affairs, [1994], 1994.

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China (Republic : 1949- ). Trademark Law. Taipei, Taiwan, Republic of China: Industrial Development and Investment Center, 1988.

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Book chapters on the topic "Trademark"

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Rosenoer, Jonathan. "Trademark." In CyberLaw, 95–107. New York, NY: Springer New York, 1997. http://dx.doi.org/10.1007/978-1-4612-4064-8_2.

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Pisacane, Giovanni, and Daniele Zibetti. "Trademark." In Intellectual Property in China, 35–53. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-4558-0_3.

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Soberman, David. "Trademark." In The Palgrave Encyclopedia of Strategic Management, 1764–66. London: Palgrave Macmillan UK, 2018. http://dx.doi.org/10.1057/978-1-137-00772-8_781.

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Soberman, David. "Trademark." In The Palgrave Encyclopedia of Strategic Management, 1–3. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-349-94848-2_781-1.

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Ramello, Giovanni Battista. "Trademark Dilution." In Encyclopedia of Law and Economics, 2069–70. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_604.

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Ramello, Giovanni Battista. "Trademark Dilution." In Encyclopedia of Law and Economics, 1–2. New York, NY: Springer New York, 2017. http://dx.doi.org/10.1007/978-1-4614-7883-6_604-1.

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Butters, Ronald R. "Trademark linguistics." In The Routledge Handbook of Forensic Linguistics, 364–81. Title: The Routledge handbook of forensic linguistics / edited by Malcolm Coulthard, Alison May, Rui Sousa-Silva. Description: Second edition. | London ; New York : Routledge, 2020. | Series: Routledge handbooks in applied linguistics: Routledge, 2020. http://dx.doi.org/10.4324/9780429030581-30.

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Blackett, Tom. "Trademark Management." In Trademarks, 59–73. London: Palgrave Macmillan UK, 1998. http://dx.doi.org/10.1007/978-1-349-14719-9_4.

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Ramello, Giovanni Battista. "Trademark Dilution." In Encyclopedia of Law and Economics, 1–2. New York, NY: Springer New York, 2023. http://dx.doi.org/10.1007/978-1-4614-7883-6_604-2.

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Duguid, Paul. "Early marks: American trademarks before US trademark law." In The Brand and Its History, 45–68. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003255970-3.

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Conference papers on the topic "Trademark"

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Lastiri Santiago, Mónica. "The Legal Challenges of the Metaverse: Business Trademarks." In Eighth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2022. http://dx.doi.org/10.31410/limen.2022.357.

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The Metaverse is emerging as a hotbed for brand promotion as well as a platform for creating and using intellectual property rights including trademarks. The avatars (users) can create digital objects to sell to other users. Lenders and investors are seeking opportunities to capitalize on new Metaverse markets and digital assets as is the named NFT (not-fungible token) that is the unique data coding that can be visually represented by a digital asset, for example, a virtual handbag. Currently one of the real-world lawsuits involving trademarks and NFTs is the dispute between fashion house Hèrmes vs NFT creator Mason Rothschild. Hermès makes the exclusive line of Birkin handbags and Rothschild started selling NFTs in the form of digital images he named MetaBirkins which are the virtual reproduction of the Hèrmes product. Therefore, the fashion house filed a trademark claim for unauthorized use of their trademark and design. From the above-mentioned lawsuit raises a set of fascinating issues at the intersection of intellectual property law and digital technology. For instance, the unauthorized trademark use in Metaverse, but what, in our view, is the most important challenge is: Can you have a trademark right on an NFT? Trademark owners should be aware of the opportunities and challenges to their brand in virtual worlds. The possibilities for a Metaverse are currently limitless and the investments being made in new Metaverse-related technologies and platforms have grown enormously. Investors and companies are spending purchasing digital land in popular Metaverses to create virtual business spaces where consumers are sold goods, services, or entertainment.

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Marinković, Milica. "ZAŠTITA ŽIGA U FRANCUSKOM PRAVU XIX VEKA." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.543m.

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The author presents an overview of the origin and development of trademark protection in France, with special reference to the 19th century. Industrial property, and within it, the trademark, is the fruit of the modern age. The need for trademark protection in France appeared at the beginning of the civil revolution, and since then this institute has been constantly developing, following the needs of the economy. The author gives a brief analysis of the most important provisions of legal acts that have regulated the matter of trademarks since the beginning of the 19th century. In the last decades of the 19th century, multilateral conventions for the protection of industrial property joined the domestic French legislation, led by the famous Paris Convention.

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Šutova, Milica, and Ksenija Paunović. "THE DANGER OF MISCONCEPTION IN THE LATEST PRACTICE OF THE EUROPEAN COURT OF JUSTICE." In XIX majsko savetovanje. University of Kragujevac, Faculty of Law, 2023. http://dx.doi.org/10.46793/xixmajsko.491s.

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The notion of similarity of trademarks and products has as much to do with the likelihood of confusion as a specific requirement for protection. In order to determine the danger of misconception, numerous circumstances should be taken into account, especially the known trademark on the market, the degree of similarity between the trademark and the sign, as well as between the products and services with which they are marked, and the relationship established between the new signs and the trademark. The authors analyze the decision of the European Court of Justice in case C-766/18, through Article 10 of the preamble of Directive 89/104 and Article 66 of Directive 207/2009 and through the prism of legal theoretical concepts they give their opinions and recommendation.

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Kaprāne, Stella. "Ambush jeb tā dēvētais slazdu mārketings un preču zīmes sportā." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.25.

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The article analyses the concept of freeriding, the scope of freeriding as an intellectual property breach, briefly considers the loss of trademark reputation, the criteria necessary to establish the presence of freeriding, the protection against freeriding, as well as outlines and defines the field, where the freeriding is the most relevant – the field of luxury goods’ trademarks. Article notes several Court of Justice of the European Union judgements in trademark protection field concerning the ambush marketing, the relevant normative acts, as well as remarks upon the opinions of various authors expressed in legal literature.

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Ronkainen, Anna. "Intelligent trademark analysis." In the Fourteenth International Conference. New York, New York, USA: ACM Press, 2013. http://dx.doi.org/10.1145/2514601.2514632.

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Guo, Li, Jingyu Yang, and Xinghua Sun. "Trademark image retrieval." In Multispectral Image Processing and Pattern Recognition, edited by Jun Tian, Tieniu Tan, and Liangpei Zhang. SPIE, 2001. http://dx.doi.org/10.1117/12.442902.

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Zheng, Yang, Jie Liu, Yuan Zhang, Shuwu Zhang, and Qing Li. "A new trademark detection method via trademark confidence score of MSERs." In Eleventh International Conference on Digital Image Processing, edited by Xudong Jiang and Jenq-Neng Hwang. SPIE, 2019. http://dx.doi.org/10.1117/12.2539671.

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Indrawati, Etty. "LAW ENFORCEMENT AGAINST TRADEMARK INFRINGEMENT IN INDONESIA." In Pure & Applied Sciences International Conference, 14-15 March 2024, Singapore. Global Research & Development Services, 2024. http://dx.doi.org/10.20319/icstr.2024.3546.

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Trademark as part of intellectual property rights is one of the most important elements in the business world. Trademark protection is one form of legal certainty required by investors, both domestic and foreign. The legal certainty also expects law enforcement against trademark infringement. The number of trademark infringement that occurred in Indonesia from 2015 to 2023 shows an increasing trend. The purposes of this research are to explore and analyze regarding the cause of trademark infringement and to investigate how efforts should be made to solve and reduce the number of trademark infringements in Indonesia. This research is normative legal research underpinned by interviews as well as through library research by tracing secondary data, using documentation methods and instrument in the form of document studies. Interviews were conducted with resource persons using interview guidelines. Then, data were analyzed using qualitative analysis.The result shows that the reason for trademark infringement is economic reasons. The offending party has bad intentions and assumes that the business whose trademark is to be imitated has good potential and person concerned can obtain a reasonable profit (good turnover potential) if using the same or similar trademark. The second is the party whose trademark is used by another party without rights needs to make a complaint about the trademark infringement because the violation/ infringement of intellectual property rights (including trademark infringement) is a complaint of violation that must be reported by the injured party to the law enforcer. This research is expected to provide input to the government and law enforcer in Indonesia related to law enforcement against trademark infringement that occurred in Indonesia.

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"DSN 2010 trademark information." In Networks (DSN). IEEE, 2010. http://dx.doi.org/10.1109/dsn.2010.5544246.

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"DSN 2011 trademark information." In Networks (DSN). IEEE, 2011. http://dx.doi.org/10.1109/dsn.2011.5958277.

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Reports on the topic "Trademark"

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Brykczynski, Bill R., Fred Friedman, and Kerry Hilliard. An Oracle (Trademark) - Ada (Trademark)/SQL (Structured Query Language) Implementation. Fort Belvoir, VA: Defense Technical Information Center, April 1988. http://dx.doi.org/10.21236/ada207173.

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Hagstrom, R., R. Overbeek, M. Price, D. Zawada, G. S. Michaels, R. Taylor, and Kaoru Yoshida. GenoGraphics for OpenWindows{trademark}. Office of Scientific and Technical Information (OSTI), April 1992. http://dx.doi.org/10.2172/10159059.

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Hagstrom, R., R. Overbeek, M. Price, D. Zawada, G. S. Michaels, R. Taylor, and Kaoru Yoshida. GenoGraphics for OpenWindows trademark. Office of Scientific and Technical Information (OSTI), April 1992. http://dx.doi.org/10.2172/5115931.

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Graessle, Marc J. HazMatID (trademark) Replacement Project. Fort Belvoir, VA: Defense Technical Information Center, May 2013. http://dx.doi.org/10.21236/ada584449.

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Ausnit, Christine, Christine Braun, Sterling Eanes, John Goodenough, and Richard Simpson. Ada (Trademark) Reusability Guidelines. Fort Belvoir, VA: Defense Technical Information Center, April 1985. http://dx.doi.org/10.21236/ada161456.

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Tyson, Barbara, Cecilia Albert, and Lisa Brownsword. Interpreting Capability Maturity Model(Trademark) Integration (CMMI(Trademark)) for COTS-Based Systems. Fort Belvoir, VA: Defense Technical Information Center, October 2003. http://dx.doi.org/10.21236/ada418384.

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Rushing, Timothy W., and Lyan Garcia. Full-Scale Evaluation of DuraDeck (registered trademark) and MegaDeck (trademark) Matting Systems. Fort Belvoir, VA: Defense Technical Information Center, July 2013. http://dx.doi.org/10.21236/ada583056.

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Nguyen, Q. H., and J. D. Martin. Verification and validation of decision support software: Expert Choice{trademark} and PCM{trademark}. Office of Scientific and Technical Information (OSTI), November 1994. http://dx.doi.org/10.2172/10106334.

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Phifer, M. A. TNX GeoSiphon{trademark} Summary Report. Office of Scientific and Technical Information (OSTI), July 2001. http://dx.doi.org/10.2172/783007.

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Stern, B. Clothing creator trademark : Business plan. Office of Scientific and Technical Information (OSTI), October 1990. http://dx.doi.org/10.2172/6318055.

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