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T’marks: introduction, what is a trademark

1. TradeMark?

   1. 
      A mark used by a person for the purpose of distinguishing that person’s goods or services from those of others in the marketplace.
      
      1. 
         Words, symbols, designs
         
      2. 
         A purely functional design may not be the basis of TM registered or unregistered
         
         1. 
            Lego
            

   2. Types of TM

      1. 
         Ordinary Marks [Words & Designs]
         
         1. 
            Circumstances in which TMs are registrable
            
            1. 
               S.12(1)(a)(b)(c)
               
      2. 
         Certification
         
      3. 
         Collective
         
      4. 
         Official marks regime
         
      5. 
         Distinguishing guises.
         

   3. Non Traditional marks

      1. 
         Smell, taste, sounds, moving images, holograms, colour marks, gesture marks.
         
      2. 
         T’marks: the concept of use,
         

2. Ordinary Mark

   1. 
      Distinguish the product or services of a specific firm or individual
      
      1. 
         Eg: Coca-cola, lego, McDonalds, pepsi, Microsoft—word marks or design marks
         
   2. 
      Mark
      
      1. 
         Limited to visually perceptible marks
         
         1. 
            Words, grouping of words, initials, numbers and designs, sound marks
            
   3. 
      S.2
      
      1. 
         Outlines that it has to be a mark, it has to be used, and has to be distinguished.
         
         1. 
            (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish goods or services manufactured, sold, leased, hired, or performed by him from those manufactured, sold, leased, hired, or performed by others,
            
         2. 
            (b) a certification mark,
            
         3. 
            (c) a distinguishing guise or
            
         4. 
            (d) a proposed trade mark
            

3. Certification Mark

   1. 
      Identify Wares or services which meet defined standards
      
      1. 
         Common categories =safety and performance
         
         1. 
            Eg: Woolmark design—quality assurance symbol that is made from 100% wool and complies with strict performance specification
            
   2. 
      Can be used by anyone who complies with the standards defined by the owner of the certification mark
      
      1. 
         Usually owned by 1 person who licenses for use by others
         
   3. 
      S,2
      
      1. 
         Means a mark that is used for the purpose of distinguishing or so as to distinguish goods or services that are a defined standard with respect to
         
         1. 
            (a) the character or quality of the goods or services,
            
         2. 
            (b) the working conditions under which the goods have been produced or the services performed,
            
         3. 
            (c) the class of persons by whom the goods have been produced or the services performed, or
            
         4. 
            (d) the area within which the goods have been produced or the services performed, from goods or services that are not of that defined standard
            

4. Collective Mark

   1. 
      Signs that distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services or enterprises using the collective mark
      
      1. 
         Eg. NHL—owned by an entity but can be used by any member of the organization
         
   2. 
      Function is to inform the public about certain features of the product, owned by an entity, can be used by members of this entity.
      
   3. 
      Differences
      
      1. 
         Certification mark = used by anyone who complies with specific standards, verses, collective which is owned by an entity and all members of that entity can use it
         
   4. 
      S.2 definition of collective mark is broad enough to include collective marks
      
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