Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Post date: 
October 30, 2024
Categories: 
Brand, European Union Trademark, Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
#halloween

Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Halloween, with its pumpkins, costumes, and haunted houses, is one of the most exciting and creative times of the year. But behind the spooky masks and candy bowls lies a complex world of Intellectual Property Law, especially trademarks, which many businesses need to navigate carefully during the season.

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What is a Design?

Post date: 
January 16, 2011
Categories: 
Design Law
Tags: 
Designs, FAQ, Law
A design is a commercial property right, which assigns an exclusive right of use for an esthetic design - meaning the outer appearance of products - to its proprietor. As designs, you could protect: Two- or Three-dimensional appearances, with a certain design or color, form, shape, material, logos, icons, surface structure (e.g. the outward appearance of a mobile phone, an electrical device, a handbag, a lamp etc.). BUT: No computer programs, no appearing attributes that only depend on their technical function, or those having to be rebuilt to enable the construction of another product.

What do the symbols ™ and ® mean?

Post date: 
January 15, 2011
Categories: 
FAQ
Tags: 
FAQ, Law, Registration, Trademarks
™  is the abbreviation of „Trademark“; ®  is the abbreviation of „Registered“ In Germany those symbols do not constitute a trademark but a registration is required. The use of these symbols is though only permitted in relation to a registered trademark. Otherwise there is an infringement of Competition Law.

How do I get a Trademark?

Post date: 
January 15, 2011
Categories: 
FAQ
Tags: 
DPMA, FAQ, Law, OHIM, Registration, Trademarks, WIPO
A trademark is obtained in most countries via a registration (not mere use). The protection of a  trademark covers only the territory and the goods and services for which the trademark was registered. On a territorial level there are different  possibilities: -     Application and registration at the German Patent and Trademark Office (GPTO) in Munich for German trademarks (http://www.dpma.de/).  German trademarks can claim protection in Germany only -     Application and Registration at the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain, for Community Trademarks (http://www.oami.eu/).  A Community Trademark or EU-Trademark covers all EU Member States (currently 27)

What is a Trademark?

Post date: 
January 15, 2011
Categories: 
FAQ
Tags: 
FAQ, Law, Trademarks
A trademark is a sign protected by law, serving to distinguish goods and services of one enterprise from those of another. Besides it implies the following functions of: -  origin -  communication -  guarantee There are different types of trademarks: -  Expressions, letters or numbers  (wordmark), -  A picture or logo (figurative mark), as well as the combination of words and pictures (word-design mark); -  A color or a combination of colors (color mark); -  Three-dimensional shapes (3-D-mark), -  Radio-jingles or a combination of a melody (sound mark); -  Slogans and even gestures (move mark)
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