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TRADE MARKS AND BRANDING

Learn about trade marks, their functions, qualification criteria, application process, and protection. Discover the importance of trade marks in branding and preventing marketplace confusion.

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TRADE MARKS AND BRANDING

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  1. TRADE MARKS AND BRANDING Ms. Shiveta Sooknanan Deputy Controller (Temp) Intellectual Property Office

  2. OUTLINE OUTLINE • What is a Trade mark? • What does a Trade mark do? • What can/cannot qualify as a Trade mark? • Trade mark application process

  3. What is a Trade mark? • A trade mark is a word, symbol or logo or combination that serves to distinguish the goods or services of one trader from those of another

  4. What does a Trade mark do? • A registered trade mark grants the trade mark proprietor exclusive rightsto the use of the mark in relation to goods and/or services • Valuable business asset which can be commercially exploited eg. licensing, franchising, mergers/acquisitions • Civil and criminal remedies available for unauthorized use • Prevents others from marketing identical or similar products under the same or a confusingly similar • Protection is granted for a period of 10 years and renewable indefinitely

  5. Trade marks play an important role in: • Customer choice • Differentiates your products from others • Easily recognizable • Strengthens goodwill and reputation of brand • Prevents marketplace confusion

  6. What can qualify as a Trade mark?

  7. *must be distinctive CRITERIA FOR PROTECTION • Must be distinctive Generic Fanciful Arbitrary Descriptive Stronger Mark Weaker Mark

  8. V Fruit juices/drinks Computers/phones

  9. Name of a company, individual, or firm represented in a special or particular manner (Sec. 10(1)(a))

  10. (Sec.10 (1)(b)) Signatures

  11. (Sec.10(1)(c)) Invented Words/ Images

  12. Words having no direct reference to the character/quality of goods/services (Sec. 10(1)(d))

  13. Words that are not a geographical name (Sec. 10(1)(d))

  14. (Sec.10(1)(e)) Any other distinctive sign

  15. WELL- KNOWN MARKS (Sec. 13A)

  16. Slogans

  17. Capable of distinguishing (Sec. 11)

  18. What cannot qualify as a Trade mark?

  19. Deceptive/confusing marks COSMOCARIBBEAN

  20. Falsely suggest connections (Sec. 13(a)(ii) Word “Apache” for Cigarettes- falsely suggests a connection with Apache Tribes

  21. Generic marks (Sec. 13(b))

  22. Marks that are contrary to public policy or morality (Sec. 13(c))

  23. Scandalous marks (Sec. 13(d))

  24. Marks that contain national symbols

  25. Confusingly similar s14(1)- registered marks s13(a)(i) used for applications

  26. Filing fees for Trade mark application • Each application costs $300.00 which includes the first class. Any additional classes cost $100.00 • Publication fee varies • Certificate of registration $150.00 • Renewal fee $350.00

  27. Pending vs Registered

  28. Address: 3rd Floor, Capital Plaza, 11-13 Frederick Street, Port of Spain Email:info@ipo.gov.tt Phone: 625-1907; 627-0706 www.ipo.gov.tt

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