LAW 723 Lecture Notes - Lecture 3: Counterclaim, Paris Convention For The Protection Of Industrial Property, Mark Sale
4 Feb 2015
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Document Summary
A trade-mark (tm) is any mark that is adopted and used to distinguish the source of a particular good and/or service in the marketplace from the wares and/or services from other sources. All you need is a mark that is associated with your business. Common law does not provide all of the protections that statutory trade -marks do. Essentially a mark that points to something like fair-trade, no sweat shops, organic, etc. Distinguishing guise is a: (a) shaping of wares or their containers, or (b) mode of wrapping or packaging wares. Example: like the shape of the lemon juice thingy or the coke bottle. Application for a registered mark not yet in use. Creates, protects and dissolves the 53 word and picture marks used in the vancouver winter olympics some 106 word / symbol / emblem marks. Example of a statute, other than the trademark act, protecting trademark rights of the olympic committee.
