‘A bottle with a diagonal line on it’ or ‘a bottle with a blade of grass inside it’? GC rules on the subject matter of a trade mark and its permissible alteration for genuine use purposes

2020 ◽  
Author(s):  
Lavinia Brancusi
Keyword(s):  
Subject Matter ◽  
Trade Mark ◽  
Diagonal Line ◽  
Genuine Use ◽  
The Subject

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

10. Registration of a ‘sign’

2019 ◽  
pp. 231-249
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Subject Matter ◽  
Legal Protection ◽  
Trade Mark ◽  
Trade Marks ◽  
Passing Off ◽  
Registration Procedure ◽  
The Subject ◽  
Definition Of ◽  
To Receive ◽  
Absolute Grounds For Refusal

This chapter discusses the registration of trade marks. Unlike passing off protection that is not subject to formalities, trade marks ought to be registered in order to receive legal protection. Whether a trade mark is capable of registration depends on three requirements. First, whether the subject matter of the application satisfies the definition of ‘trade mark’ in s. 1 of the Trade Marks Act 1994; second, whether there are any objections to the application under the absolute grounds for refusal in s. 3; and third, whether there are any prior rights which could prevent registration under the relative grounds for refusal in s. 5. The chapter then presents an outline of the registration procedure. In essence, the procedure can be broken down into six steps: application and filing of Form TM3; examination; search and notification of prior rights; publication and notification to owner(s) of prior rights; opposition; and registration.

scholarly journals The grounds for refusing trademarks registration

2013 ◽  
pp. 609-622
Author(s):  
Zoran Miladinovic ◽  
Sinisa Varga
Keyword(s):  
Subject Matter ◽  
Trade Mark ◽  
The Public ◽  
Goods And Services ◽  
Trademark Registration ◽  
The Subject ◽  
A Company ◽  
Trade Mark Registration

A trademark is a sign used for distinguishing goods or services of a company from those of another one. These signs may be registered. If so, they are known as trademarks. Trademarks are the subject matters of the exclusive rights. It means that no one can obtain right on the subject matter nor commercially exploit the subject matter of previously obtained right. If a trademark is identical to an earlier trademark and used for marking identical goods and services, its registration will be refused. However, the registration of identical trademarks for similar goods or services or similar trademarks for the same or similar goods or services is only prohibited where confusion on the part of the public is likely to arise. Comparison can be done due to visual, phonetic and conceptual criteria, as applied to distinctive and dominant components of comparing signs. Similarity exists if any of the mentioned criteria is matched, but it is not enough for refusing trade?mark registration. Trademark registration will be refused if relevant part of the public can be so confused to consider the signs the same or modifications of the same sign or different signs of legally connected companies. Should there be any disagreements involving reputable trademarks, these are dealt with irrespective of goods and services.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

HUBUNGAN PROFESIONALISME PENDIDIK TK DENGAN KINERJA PENDIDIK DI TK RAYON IV KOTA DUMAI

2019 ◽  
Vol 3 (3) ◽  
pp. 660
Author(s):  
Ranirizal Ranirizal
Keyword(s):  
Learning Process ◽  
Subject Matter ◽  
Significant Relationship ◽  
Teacher Performance ◽  
Teacher Professionalism ◽  
Learning Material ◽  
The Subject ◽  
Performance Development ◽  
Kindergarten Educators ◽  
Academic Qualifications

Performance is the performance shown by educators, both in quality and quantity in carrying out their duties in accordance with the responsibilities given to them professionally. Educator performance development is a very decisive factor in the success of the education and learning process. In fact, in Kindergarten Rayon IV, Dumai City, there is still a low level of competency standards possessed by educators. The intended competency standard is from the standard academic qualifications and four competencies that must be possessed by a kindergarten educator, namely pedagogic, professional, social and personality competencies. This is evidenced by educators not yet mastering learning material with the maximum known when the learning process educators are not able to explain well the subject matter, and educators have not shown maximum performance in carrying out their duties and functions. The purpose of this study was to see whether there was an influence on teacher professionalism on teacher performance in Dumai IV Rayon Kindergarten. The results of the study prove that there is a significant relationship between the professionalism of Kindergarten educators and the performance of educators in Kindergarten Rayon IV, Dumai City. This is evidenced by the value of Sig (2-tailed) professionalism on educator's performance of 0,000, so the calculation shows 0,000 <0.05. This means that Ha is accepted, that is, there is a significant relationship between the professionalism of Kindergarten educators and the Performance of Educators in Kindergarten Rayon IV, Dumai City.

Justine Pila, The Subject Matter of Intellectual Property

2019 ◽  
Vol 23 (1) ◽  
pp. 142-144
Author(s):  
Patrick Masiyakurima
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
The Subject
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