Marks Usage Guide
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The Collective Trademark: Invitation to Abuse
THE COLLECTIVE TRADEMARK: INVITATION TO ABUSE THaF, relatively recent statutory protection accorded collective trade and service marks encourages competitors to merchandise their products under a single trade emblem,' and thereby threatens interference with both antitrust and traditional trademark policies. Ordinarily, the users of a collective trade or service mark are a limited group of competitors belonging to an association which owns and registers, but does not itself use, the mark. 2 This type of mark was unprotected as such at common law,3 because the right to exclude others from appropriating a trademark could be acquired only by its owner through previous use.4 Today, however, the Lanham Act grants the collective mark 1. Collective marks were first authorized by federal law in the Act of June 10, 1938, ch. 332, 52 Stat. 638. For discussions of collective marks, see 3 CALLMANN, UNFAIR COMPETITION & TRADE- M.ARKs 1034-41 (2d ed. 1950) [hereinafter cited as CALLMANN] ; AMDUR, TRADE-MARK LAW & PRAcric 81-85 (Lanham Act ed. 1948) ; RoBERT, THE NEW TRADE-MARK MANUAL 6-7, 17, 44-46 (1947) (written under her maiden name by Assistant Commissioner of Patents Daphne R. Leeds) [hereinafter cited as ROBERT] ; Hancock, Notes From the Patent Office, 47 TRADEmARx REP. 458 (1957). Information on currently registered collective marks and their use was obtained for this Note in the Patent Office's Trademark Search Room, and through interviews with and questionnaires returned by several association-registrants. Information from these sources is cited as INTERVIEs. 2. "The term 'collective mark' means a trade-mark or service mark used by the mem- bers of a cooperative, an association or other collective group or organization and includes marks used to indicate membership in a union, an association or other organization." Trade- Mark Act of 1946 (Lanham Act) § 45, 60 Stat. -
Introduction to Trademark Law and Practice
WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? . -
MM — a Macro Package ______For Generating Documents
MM — A Macro Package for Generating Documents ________________________ 1. INTRODUCTION This document is the user’s guide and reference manual for the Memorandum Macros (MM), a general- purpose package of text formatting macros for use with the UNIX system text formatters troff and nroff. The user must be familiar with the UNIX system and with the use of an editor. Some familiarity with the request summary in the Troff User’s Manual is helpful. A Troff Tutorial provides a general overview of formatter capabilities, while Troff User’s Manual provides detailed information as well as a summary of requests. 1.1 Purpose The purpose of MM is to provide a unified, consistent, and flexible tool for producing many common types of documents. Although the UNIX system provides other macro packages for various specialized formats, MM has become the standard, general-purpose macro package for most documents. MM can be used to produce: • Letters • Reports • Technical Memoranda • Released Papers • Manuals • Books The uses of MM range from single-page letters to documents of several hundred pages in length, such as user guides, design proposals, etc. 1.2 Conventions Each section of this memorandum explains a single facility of MM. In general, the earlier a section occurs, the more necessary it is for most users. Some of the later sections can be completely ignored if MM defaults are acceptable. Likewise, each section progresses from normal-case to special-case facilities. Read a section in detail only until there is enough information to obtain the desired format, then skim the rest of it because some details may be of use to just a few people. -
Mastercard ® Brand Mark Branding Requirements for Canada
Mastercard ® Brand Mark Branding requirements for Canada Version 1.0 / March 2017 Mastercard Brand Mark: Branding requirements for Canada March 2017 2 Table of contents Top five things you need to know 3 If after reading the branding requirements you still haven’t found the answer to your Brand Mark query, please contact us in one of two ways. configurations and versions 4 Acceptance Mark Email the Brand Manager configurations and versions 5 [email protected] Color specifications 6 Mastercard Brand Hotline Minimum sizes and free space 7 1-914-249-1326 Using the Mastercard name in text 8 Using with other marks 9 Card artwork 10 Use in merchant advertising 11 Use at physical merchant locations 12 Use at digital merchant locations 13 Use in digital applications 14 Use on ATMs 15 Use on contactless devices 16 Common mistakes 17 ©2017 Mastercard. All rights reserved. Mastercard®, Maestro®, and Cirrus® are registered trademarks, and the circles design is a trademark of Mastercard International Incorporated. Mastercard Brand Mark: Branding requirements for Canada March 2017 3 Top five things you need to know General requirements Brand Mark 1. There are multiple configurations and versions of the Mark. Use the correct one for your needs. See configurations Symbol Logotype and versions. Registered trademarks are available in English or French. 2. Always surround the Mark with Minimum sufficient free space, based on “x”, which free space is equal to the width of the “m” in the x x x x “mastercard” Logotype. See free space specifications x 1/2x x x 3. -
Copyrights Quick Reference Series
Copyrights Quick Reference Series Designing a t-shirt? Showing a movie on campus? Creating a website? For these things and more it is important to understand the laws and rules surrounding copyrighted material. Check out the information below to understand how copyright affects your student org. Copyright Material In the United States Code, Title 17, Section 107 of the Copyright Law allows for the “fair use” of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The Fair Use Doctrine allows for limited use of copyrighted materials without obtaining permission from the copyright holder, but the limitations are significant. The factors to be considered in determining if the copying is fair use are: The purpose and character of the use (education is more likely to be fair use and use that causes the work to be used for a new purpose is more likely to be fair use) The nature of the copyrighted work (a fact-based work is more likely to be fair use than a creative fictional work) The amount and substantiality of the copied portion compared to the work as a whole (a small portion and/or not copying the “best” portion(s) of the work is more likely to be fair use) The effect of the use on the potential market (copying that does not cause someone to not buy the whole work is more likely to be fair use) Copyright and Trademark Symbols © is the copyright symbol and signifies a creator’s exclusive rights to publish, reproduce, or sell an original work. -
More Skills 12 Insert Symbols
Word CH01 More Skills12.qxd 5/22/08 2:42 PM Page 1 CHAPTER 1 Word More Skills 12 Insert Symbols ᭤ There are many symbols that are used occasionally, but not often enough to put on a standard keyboard. ᭤ Symbols can be found and inserted on the Insert tab in the Symbols group. To complete this document, you will need the following file: w01_Awards You will save your document as: w01_Awards_Your_Name 1. Start Word. Locate and open the file w01_Awards. Save the file in your Word Chapter 1 folder as w01_Awards_Your_Name and then add the file name to the footer. If necessary, turn on the formatting marks. 2. In the first document title, click to the right of Group, but before the space. Click the Insert tab, and then in the Symbols group, click the Symbol button. Notice that a number of symbols display in the gallery. 3. At the bottom of the Symbol gallery, click More Symbols to display the Symbol dialog box, as shown in Figure 1. Each font has a separate set of associated symbols, and you can change the font using the Font box. Many of the more popular symbols are available in the Wingdings font. Special Characters tab Wingdings font List of recently used symbols Figure 1 Microsoft Word | Chapter 1 - Create Documents with Word 2007 More Skills: SKILL 12 | Page 1 of 3 From Skills for Success with Microsoft® Office 2007 by Kris Townsend Copyright © 2009 by Pearson Education, Inc. All rights reserved. Word CH01 More Skills12.qxd 5/22/08 2:42 PM Page 2 4. -
MADRID/2005/7 : Collective and Certification Marks: China
Information Notice No. 7/2005 WORLD INTELLECTUAL PROPERTY ORGANIZATION 34, chemin des Colombettes, P.O. Box 18, CH-1211 Geneva 20 (Switzerland) ‡ (41) 22 338 91 11 – Facsimile (International Trademark Registry): (41) 22 740 14 29 e-mail: [email protected] – Internet: http://www.wipo.int MADRID AGREEMENT AND PROTOCOL CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS Collective and Certification Marks: China 1. The Trademark Office of the State Administration for Industry and Commerce of China (hereinafter called “the Office of China”) has drawn the attention of the International Bureau to the following. 2. Pursuant to the law and regulations of trademarks currently in force in China, the holder of a collective mark or of a certification mark is required to submit the following documentation to the Office of China where China has been designated in an international application or in a subsequent designation under the Madrid Agreement or Protocol: – an attestation of the status of the holder of the mark, such as a copy of the entry in the Register of Industry or Commerce, or a copy of the entry in the Register of Associations; and – regulations concerning the use of the mark, including, in the case of a collective mark, the name and address of each member of the organization in the name of which the mark is registered. 3. In the case of a certification mark, Chinese trademark law also requires the presentation of a document attesting that the holder of the mark is qualified to examine a given good or service and ensure that it is of the appropriate quality. -
The Exhaustion Doctrine in the United States
IP Exhaustion around the World: Differing Approaches and Consequences to the Reach of IP Protection beyond the First Sale The Exhaustion Doctrine in the United States NEW YORK STATE BAR ASSOCIATION INTERNATIONAL LAW AND PRACTICE SECTION FALL MEETING—2013 HANOI, VIETNAM L. Donald Prutzman Tannenbaum Helpern Syracuse & Hirschtritt LLP 900 Third Avenue New York, New York 10022 (212) 508-6739 -and- Eric Stenshoel Curtis, Mallet-Prevost, Colt & Mosle, LLP 101 Park Avenue New York, NY 10178-0061 (212) 696-8878 The Exhaustion Doctrine in the United States L. Donald Prutzman and Eric Stenshoel I. Overview Intellectual property rights are limited monopolies a government grants for the use or distribution of products that embody or use the intellectual property, whether a patented invention, a copyrighted work, or a brand name protected by a trademark. The value of the intellectual property right depends upon both the underlying demand for the products subject to the patent, copyright or trademark, and the ability of the rights holder to exploit the monopoly position. One traditional means of maximizing returns on a monopoly position is to divide markets among different licensees by putting various restrictions on their use of the licensed intellectual property. These restrictions can be, for example, limited geographic territories, or limitations on the field of use or market segment. Patentees can use field of use restrictions in the biopharma industry, for example, to distinguish uses of an invention in the diagnostic, therapeutic and research markets, or in human and animal applications. Copyright owners may grant separate licenses for hard cover and soft cover books, for manufacture and sale in different countries or for different language editions. -
SITES Certification Using the Certification Mark
Trademark Policy and Branding Guidelines Updated April 2020 GBCI® Trademark Policy and Branding Guidelines 1 TABLE OF CONTENTS GETTING STARTED Using our trademarks and logos ....................................................................................................................................................................3 GBCI Using the logo ......................................................................................................................................................................................................4 In text ......................................................................................................................................................................................................................5 Arc Using the logo ......................................................................................................................................................................................................7 In text ......................................................................................................................................................................................................................8 LEED Proven Provider Using the logo ......................................................................................................................................................................................................10 In text ......................................................................................................................................................................................................................10 -
Appraisal Institute Trademark Usage Manual
Trademark Usage Manual for Appraisal Institute Copyright © 2020 Appraisal Institute. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written consent of the publisher. TRADEMARK USAGE MANUAL FOR APPRAISAL INSTITUTE Table of Contents I. Introduction 1 II. Trademarks, Service Marks, Collective Service Marks and Collective Membership Marks 1 III. Trade Names are Different from Trademarks 2 IV. Proper Trademark Usage 3 A. Always Use Trademarks as Proper Adjectives ............................................................................... 3 B. Make the Trademark Stand Out .................................................................................................... 3 C. Only One Trademark Should Appear on the Same Label or Name Plate ....................................... 4 D. Use of Appraisal Institute Trademarks ........................................................................................... 4 1. Signature Requirements and Restrictions ................................................................................ 4 2. Membership Designation Requirements and Restrictions ........................................................ 5 3. Proper Use of Letter Designations ........................................................................................... 5 4. Emblem Requirements and Restrictions ................................................................................. -
1 Symbols (2286)
1 Symbols (2286) USV Symbol Macro(s) Description 0009 \textHT <control> 000A \textLF <control> 000D \textCR <control> 0022 ” \textquotedbl QUOTATION MARK 0023 # \texthash NUMBER SIGN \textnumbersign 0024 $ \textdollar DOLLAR SIGN 0025 % \textpercent PERCENT SIGN 0026 & \textampersand AMPERSAND 0027 ’ \textquotesingle APOSTROPHE 0028 ( \textparenleft LEFT PARENTHESIS 0029 ) \textparenright RIGHT PARENTHESIS 002A * \textasteriskcentered ASTERISK 002B + \textMVPlus PLUS SIGN 002C , \textMVComma COMMA 002D - \textMVMinus HYPHEN-MINUS 002E . \textMVPeriod FULL STOP 002F / \textMVDivision SOLIDUS 0030 0 \textMVZero DIGIT ZERO 0031 1 \textMVOne DIGIT ONE 0032 2 \textMVTwo DIGIT TWO 0033 3 \textMVThree DIGIT THREE 0034 4 \textMVFour DIGIT FOUR 0035 5 \textMVFive DIGIT FIVE 0036 6 \textMVSix DIGIT SIX 0037 7 \textMVSeven DIGIT SEVEN 0038 8 \textMVEight DIGIT EIGHT 0039 9 \textMVNine DIGIT NINE 003C < \textless LESS-THAN SIGN 003D = \textequals EQUALS SIGN 003E > \textgreater GREATER-THAN SIGN 0040 @ \textMVAt COMMERCIAL AT 005C \ \textbackslash REVERSE SOLIDUS 005E ^ \textasciicircum CIRCUMFLEX ACCENT 005F _ \textunderscore LOW LINE 0060 ‘ \textasciigrave GRAVE ACCENT 0067 g \textg LATIN SMALL LETTER G 007B { \textbraceleft LEFT CURLY BRACKET 007C | \textbar VERTICAL LINE 007D } \textbraceright RIGHT CURLY BRACKET 007E ~ \textasciitilde TILDE 00A0 \nobreakspace NO-BREAK SPACE 00A1 ¡ \textexclamdown INVERTED EXCLAMATION MARK 00A2 ¢ \textcent CENT SIGN 00A3 £ \textsterling POUND SIGN 00A4 ¤ \textcurrency CURRENCY SIGN 00A5 ¥ \textyen YEN SIGN 00A6 -
PDF of the Presentation Slides
Madrid Protocol USPTO as Office of origin Presenters: Moderator: Date: Images used in this presentation are for educational purposes only 2 Topics covered • Overview of the Madrid system • Filing and review of the international application • How to avoid a denial of certification • Petition to the director • Notice of irregularity • After the international registration issues 3 Overview of Madrid Protocol • Filing treaty only. • Cost-effective and efficient for trademark holders to seek protection in multiple countries: – One application with a single office; one language; one set of fees – No local agent is needed to file – When international registration issues: • Each Contracting Party designated for protection determines whether or not protection can be granted. • Once the trademark office in a designated country grants protection, the mark is protected in that country just as if that office had registered a directly filed application. – Simplifies the subsequent management of the mark • Changes in ownership; name or address of the holder; renewal; adding designations • Administered by the International Bureau (IB) in Geneva, Switzerland. • Current members: 106 covering 122 countries. 4 General procedure of Madrid system Basic mark International application Certifies that the particulars in the prerequisite national or regional basic application Office of or basic registration are the same as those in the international application. origin Forwards the international application to IB in a timely manner, as required. Examines formalities, not substantive issues. Records in the International Register. International Publishes in WIPO Gazette of International Marks. Issues a registration certificate. Bureau Notifies Contracting Parties designated in international registration; has effect as a national or regional application.