Trademark law Trademark law Appellation d'Origine Contrôlée (AOC), which roughly translates as "term of origin" is the French certification granted to certain French geographical indications for wines, cheeses, butters, and other agricultural products, by the government bureau Institut National des Appellations d'Origine (INAO). Under French law, it is illegal to manufacture and sell a product under one of the AOC-controlled geographical indications if it does not comply with the criteria of the AOC. ...more on Wikipedia about "Appellation d'Origine Contrôlée"
In Australia, trademarks are governed by the 1995 Trade Mark Act and are administered by a federal government department called IP Australia (Intellectual Property Australia). The law in Australia is somewhat different in the details to the law in the United States. Section 17 of the Trade Mark Act defines a "trade mark" as "a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person." The procedure to register a mark is relatively straightforward. An application is filed with IP Australia (either by delivery to one of its regional offices or electronically), and it is assessed by an examiner for deficiencies. The examiner may issue a report on the application - most deficiencies are based on an assessment that the mark is not inherently adapted to distinguish the goods, or is likely to deceive or cause confusion (because of similarity to a third party's trade mark). Once the applicant has an opportunity to be heard on the report, the application will either be rejected or accepted for advertisement in the Official Journal. Any party who wishes to oppose the registration of the mark can file a notice of opposition, which culminates in administrative proceedings. Otherwise, IP Australia will issue a certificate to the applicant, certifying registration. ...more on Wikipedia about "Australian trademark law"
Canadian trade-mark law provides protection to marks under the Canadian Trade-mark Act. Trade-mark law provides protection for distinguishing marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors wares or services. A mark can be protected either as a registered trade-mark under the act or can alternately be protected by a common law action in passing off. ...more on Wikipedia about "Canadian trade-mark law"
A certification mark is a type of trademark whereby a trader uses the mark to indicate the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services. They are generally used by industrial standards bodies to demonstrate that a product or service meets a certain standard. ...more on Wikipedia about "Certification mark"
A chartered mark is a trademark or service mark which is given special statutory protection separate from the usual registration of trade marks and service marks. A chartered mark, in effect, is a type of trademark/servicemark in which the organization is granted the mark "by charter", i.e. by express grant of the legislature. When an organization is granted a chartered mark, no one else may use the same mark at all for any purpose. (There are possible exceptions for organizations using the same or a similar mark before it was chartered.) ...more on Wikipedia about "Chartered mark"
Collective trade marks are trade marks owned by an organisation (such as an association), whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation. ...more on Wikipedia about "Collective trade marks"
A color trademark is a non-conventional trademark where at least one color is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ...more on Wikipedia about "Colour trademark" shortopedia, just the best.
A Community Trade Mark, or CTM, refers to any trademark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU). ...more on Wikipedia about "Community Trade Mark"
In trademark law, confusingly similar is a test used during the examination process to determine whether a trademark conflicts with another, earlier mark, and also used in infringement proceedings to determine whether the use of a mark infringes a registered trade mark. "Confusingly similar" is the key phrase appearing in the relevant legislative provisions. ...more on Wikipedia about "Confusingly similar"
Cybersquatting is a derogatory term used to describe the practice of registering and claiming rights over Internet domain names that are, arguably, not for the taking. The cybersquatter then offers the domain to the person or company who owns a trademark contained within the name at an inflated price, an act which some deem to be extortion. ...more on Wikipedia about "Cybersquatting"
Denominazione di origine controllata is an Italian quality assurance label for food products and especially wines (an appellation). It is modelled after the French AOC. It was instituted in 1963 and overhauled in 1992 for compliance with the equivalent EU law on Protected Designation of Origin, which came into effect that year. ...more on Wikipedia about "Denominazione di Origine Controllata"
Dispargement, in United States trademark law, is a cause of action that permits a party to petition the Trademark Trial and Appeal Board to cancel a trademark registration that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute." 15 U.S.C. § 1052. Unlike claims regarding the validity of the mark, a dispargement claim can be brought "at any time", subject to equitable defenses such as laches. ...more on Wikipedia about "Dispargement"
European trade mark law is governed by national law in the countries which make up Europe, together with European Law within those European countries which are also EU member states. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a Community Trade Mark). ...more on Wikipedia about "European trade mark law"
FedEx furniture is the artistic creation of computer programmer Jose Avila, III. In June, 2005, Avila created a website, Fedexfurniture.com , to display photographs of a couch, bed, dining room table, and desk that he had constructed out of cartons obtained from overnight shipping giant FedEx Corporation (FedEx). FedEx attorneys used the takedown provisions of the Digital Millennium Copyright Act (DMCA) to force Avila's ISP to take the site offline, accusing Avila of infringing on FedEx's copyrights and trademarks, breaching his contract with FedEx by using the cartons for purposes other than shipping, and potentially misleading consumers into believing that FedEx approved or endorsed Avila's actions. Among attorneys and activist organizations concerned with the exercise of First amendment rights on the Internet, FedEx's actions raised questions about the constitutionality of using the DMCA to censor unwanted speech. At this writing (January, 2006), Fedexfurniture.com is offline. ...more on Wikipedia about "FedEx furniture" Inform your friends about www.shortopedia.com shortopedia
Freedom of Expression® is the registered trademark of Kembrew McLeod, an American journalist, artist, and activist, for his anti-corporate newsletter of the same name. It is also the name of a 2005 book by McLeod. ...more on Wikipedia about "Freedom of Expression®"
A genericized trademark ( Commonwealth English genericised trade mark), sometimes known as a generic trade mark, generic descriptor or proprietary eponym, is a trademark or brand name which is often used as the colloquial description for a particular type of product or service as a result of widespread popular or cultural usage. Where a genericized trademark becomes or replaces the common term for a product or service, the mark has become generic. Escalator and Thomas Edison's mimeograph are classic examples. ...more on Wikipedia about "Genericized trademark"
A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. a town, region, or country). The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. ...more on Wikipedia about "Geographical indication"
Ghost marks are trade marks which closely simulate ordinary words or phrases used in the course of trade, and which are not intended to be used as genuine trade marks. ...more on Wikipedia about "Ghost mark"
The trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. 559, which came into force on April 4, 2003 and repealed the Trade Mark Ordinance Cap 43. The system established by this legislation is entirely separate to the system used in the People's Republic of China, pursuant to the " one country-two systems" policy. The superseded law and the current law share many similarities with the relevant legislation in the United Kingdom, a similarity which is also facilitated by TRIPs. ...more on Wikipedia about "Hong Kong trademark law"
In Imperial Group v. Philip Morris, 1982 FSR 72, the plaintiff endeavoured to register the trade mark "MERIT" for cigarette products, but was unable to do so on the grounds that the trade mark was too descriptive. Instead, it registered the mark "NERIT", without any intention of using the mark, but in order to prevent other traders from using the mark "MERIT" because it would be considered too similar to the registered mark "NERIT". The intention was the obtain a de facto monopoly over the unregisterable mark "MERIT". ...more on Wikipedia about "Imperial Group v. Philip Morris"
Kembrew McLeod is an American journalist, artist, activist, and professor of Communication Studies at the University of Iowa. He received his PhD from University of Massachusetts-Amherst, and an MA from the University of Virginia. ...more on Wikipedia about "Kembrew McLeod" Fast http://www.shortopedia.com
The Lanham (Trademark) Act (title 15 of the United States Code) contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. ...more on Wikipedia about "Lanham Act"
The Linux Mark Institute (LMI) is an organization which administers the "Linux" trademark on behalf of Linus Torvalds for computer software which includes the Linux kernel, computer hardware utilizing Linux-based software, and for services associated with the implementation and documentation of Linux-based products. ...more on Wikipedia about "Linux Mark Institute"
(List of trademark case law) * Ciba-Geigy Canada Ltd. v. Apotex Inc. [1992] 3 S.C.R. 120 ...more on Wikipedia about "List of trademark case law"
The Madrid system comprises two treaties; the Madrid Agreement Concerning the International Registration of Marks (2), which was concluded in 1891 and entered into force in 1892, and the Protocol Relating to the Madrid Agreement, which came into operation on 1 April 1996. The Madrid Agreement and Madrid Protocol were adopted at diplomatic conferences held in Madrid, Spain. ...more on Wikipedia about "Madrid system"
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