首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
Trademark What is a trademark? Trademark is any visible sign or device used by a business enterprise to identify its goo
Trademark What is a trademark? Trademark is any visible sign or device used by a business enterprise to identify its goo
admin
2010-04-12
22
问题
Trademark
What is a trademark?
Trademark is any visible sign or device used by a business enterprise to identify its goods and distinguish them from those made or carried by others. Trademarks may be words or groups of words, letters, numerals, devices, names, the shape or other presentation of products or their packages, color combinations with signs, combinations of colors, and combinations of any of the above signs.
What are the functions of the trademark?
By indicating the origin of goods and services, trademarks serve two important purposes. They provide manufacturers and traders with protection from unfair competition (one person representing or passing for sale his goods as the goods of another), and they provide customers with protection from imitations (assuring them of a certain expected quality). In terms of the protection of the rights of trademark holders, the law in most countries extends beyond the rule of unfair competition, for a trademark is considered the property of the holder; and, as such, unauthorized use of the trademark constitutes not only misrepresentation and fraud but also a violation of the holder’s private property fights.
How to register a trademark?
In most countries, registration is a prerequisite (先决条件) for ownership and protection of the mark. In the United States, however, the trademark right is granted by the mere use of the mark; registering the mark provides the owner only with certain procedural advantages and is not a prerequisite for legal protection.
It is not necessary for the mark to be in use before a registration application is filed, although most countries require applicants to have a sincere intent to use the mark after registration. Formerly, the United States was one of the few countries requiring actual use prior to registration. Under the Trademark Law Revision Act of 1988, the United States permits registration upon application showing an intent to use the trademark in the near future.
In many countries, ownership of a trademark is not acknowledged until the mark has been registered and gone uncontested (无异议的) for a given period of time, so as to afford protection to a prior user of the mark. Even after that period has passed, the prior user may move to have the registration canceled. After a certain number of years (from three to seven, depending on the country), the registration and ownership become uncontested.
For a mark to be registered, it must be distinctive. In many cases a mark, when first brought into use, may not have been distinctive, but over time the public may have attached a secondary meaning to it, forming a specific association between the mark and the product, thus making the mark distinctive, hence registrable.
How to treat the infringement?
When a question of infringement (unauthorized use) of a trademark arises, the primary legal question addressed in court is whether the accused infringer’s use of the mark is likely to confuse the purchasing public. In most countries, including the United States, protection against infringement extends to goods or services similar to those covered by the registration. In countries following British law (same 66 nations), an infringement action can, however, be brought only for the precise goods identified in the registration.
How to deal with the transfer of a trademark?
For a long time the rights of a trademark could not be transferred separately from the business to which it was attached. Now, however, because trademarks are viewed as property, they may be sold, inherited, or rented, as long as such a transfer of rights does not deceive the public. In most countries a public notice of such a transfer must be given. A common form of transfer is international licensing, whereby a trademark holder allows the use of his mark in a foreign country for a fee. Often in such instances the foreign licensee must meet certain product quality requirements so that his Use of the mark does not deceive the consumer.
In what cases may you lose your right of the trademark?
There are some instances in which the right of trademark may be lost. The two most serious reasons for loss of trademark are the failure to use a registered trademark and the use of a trademark that becomes a generic term (通称). In many countries if a trademark is not used within a certain number of years, the rights of protection of the mark are test. In the United States when a trademark becomes a generic term in the public’s mind (such as Aspirin) the courts may decide that the trademark holder no longer has rights of protection. In other countries the courts are not concerned if the mark is considered generic, and the original trademark holder retains all tights and privileges of the mark.
What are common trademark laws?
Although each nation has its own trademark law, there are increasingly multinational efforts to ease registration and enforcement practices, The first international agreement was the Paris Convention for the Protection of Industrial Property of 1883, which has been regularly revised ever since. It sets minimum standards for trademark protection and provides similar treatment for foreign trademark holders as for nationals. Approximately 100 countries are party to the Paris Convention.
Uniform trademark laws have been passed by the African Intellectual Property Organization in 13 French-speaking African countries, the Andean Common Market in Colombia, Ecuador, and Peru, in the Scandinavian countries, and under the Central American Treaty on Industrial Property (Costa Rica, E1 Salvador, Guatemala, and Nicaragua). In addition, nearly 30 countries (mostly European but including Morocco, Algeria, Vietnam, and North Korea) adhere to the Madrid Agreement, which provides for a single application process through filing in a central office located in Geneva.
Trademark can be presented in various forms.
选项
A、Y
B、N
C、NG
答案
A
解析
文中第一段提到“Trademarks may be wards or groups of words, letters, number, devices, names...,”商标可以是文字、字母、数字、图案、名称等各种形式,因此,本题的表达与文章内容相符。
转载请注明原文地址:https://kaotiyun.com/show/Utj7777K
0
大学英语四级
相关试题推荐
WhenLaurieAronsonwasover35,shedidnotfeelworriedbecauseshewasunwillingtogetmarried.The"lifetable"techniques
A、Inthestudent’sownwords,B、Indirectquotations.C、Inshortphrases.D、Inshorthand.A[听力原文]Accordingtothespeaker,how
A、Career,age,economicstatus.B、Height,age,economicstatus.C、Socialstatus,economicstatus,career.D、Socialstatus,caree
A、Theycangetexercise.B、It’sboring.C、Theycangobybike.D、It’sinteresting.A信息明示题,男士说wewillgetplentyofexercise,即可以得
A、PeoplewhoteachEnglishlikethingsbesidesbooks.B、Englishteachersusuallyliketoreadalot.C、TheEnglishteacherslike
Researchershaveestablishedthatwhenpeoplearementallyengaged,biochemicalchangesoccurinthebrainthatallowittoact
OneofourmainargumentisthatweinWesterncountriesactually【M1】______haveaparttoplayincausingthepro
A、Shehadanaccident.B、Shewantstogotoaforeigncountrytolearnitslanguage.C、AndrewisanativespeakerofEnglish.D、
Withmoreandmorelow-incomestudentspursuinghighereducation,anumberofcollegesare______.Annualrenewalofacademicme
随机试题
社会主义初级阶段泛指任何国家进入社会主义都会经历的起始阶段。
某患者失3个月,要求固定修复。一般情况下,倾斜牙作基牙,其倾斜度的最大限度是
滴虫阴道炎的典型白带为
长江公司于2×15年1月1日以银行存款3100万元取得大海公司30%的有表决权股份,对大海公司能够施加重大影响,当日大海公司可辨认净资产的公允价值是11000万元。2×15年1月1日,大海公司除一项管理用固定资产的公允价值与其账面价值不同外,其他
你的工作得到下属的认可,但却得不到领导的认同,应该怎么办?
建设生态文明是关系人民福祉、关乎民族未来的大计,是实现中华民族伟大复兴中国梦的重要内容。习近平总书记在哈萨克斯坦纳扎尔巴耶夫大学发表演讲并回答学生们问题时指出:“我们既要绿水青山,也要金山银山。宁要绿水青山,不要金山银山,而且绿水青山就是金山银山。”这生动
A、 B、 C、 D、 A每行第一个图形的两部分阴影依次向相反的方向移动一格得到后面的图形。
电子计算机大众化一计算机管理社会一计算机技术人员道德低下一计算机管理情报泄密一计算机特殊机件普及化一计算机操作人员增加一企业全部管理业务计算机化。如果上述的情况同时存在,将会产生的必然后果是()。
Scientistshavefoundthatalthoughwearepronetosnapoverreactions,ifwetakeamomentandthinkabouthowwearelikelyto
A、Helosthisbike.B、Hehadatoothache.C、Hefelloffhisbikeandhurthisleg.C根据第一个人的话“我从自行车上摔下来,摔伤了腿。”可知正确答案为C。
最新回复
(
0
)