DOCSLIB.ORG

Origin Al Article

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Origin Al Article International Journal of Mechanical and Production Engineering Research and Development (IJMPERD) ISSN (P): 2249–6890; ISSN (E): 2249–8001 Vol. 10, Issue 3, Jun 2020, 9421–9432 © TJPRC Pvt. Ltd. REGISTRATION OF NON-TRADITIONAL TRADEMARKS IN INDIA AMRITA MISHRA Assistant Professor, Faculty of Legal Studies, Siksha O Anusandhan (Deemed to be University), Bhubaneswar, Odisha, India ABSTRACT In the era of globalization when cross border trade occurs on the international market, trademark has become a key tool to denote the identity of a company. A successful trademark bears its own logo, adds distinct personality to the products and is the essence of competitiveness current trademark law illustrates some innovative innovations concerning the making and presentation of ‘mark’ itself. The modern industry is in the busy process of inventing new items with typical odor special touch and single tone to provide modern consumers with more sensitive consumer goods. Although in all jurisdictions these novel trademarks have not yet reached a high acceptance, the use of such marks in common in contemporary market. Non-traditional trademarks remain a developing practice in the modern market and the case-law on this subject matter evolves. Studies, however, show that there is an increasing number of request of the proprietor to register non-traditional trademarks in the global trade. On the contrary, there is no uniform worldwide standard for examining, registering and enforcing these marks. This research paper captures, against this background, Original the brief history of non-traditional trademarks, the rationale of its protection under the legal systems is prevalent through various case studies, registration by the United States (US), European Union (EU), and India. It also looks at how these modern brands discharge their functions just like trademark. The paper also analyzes the problems Article surrounding the lack of uniformity education when reviewing and registering non-traditional trademarks globally. It ends the recommendations for review harmonization and registration process across different registries. KEYWORDS: European Union, Trademark, Non-traditional, Jurisdiction Received: Jun 06, 2020; Accepted: Jun 26, 2020; Published: Aug 26, 2020; Paper Id.: IJMPERDJUN2020895 INTRODUCTION The past of the trademarks is as old as human memory. It started with the commencement of goods circulation. The roman forgers are thought to be first users with the ID markings on their weapons. In Rome and in Ancient Greek, Potters used ‘potters’ labels to classify the vase builders. The artisans and merchants used to affix ‘output labels’ in guilds in order to differentiate their products from products of inferior quality. This helped them to maintain confidence in the guilds and to take action against inferior quality goods manufacturers for failing to meet the guild standards. A trademark in recent years register and courts have been grappling with applications for Silhouettes, forms, fragrances, textures, tastes, brief animations, single colors, body movements, technical concepts, product label positions and Tarzan’s brand yell. This unconventional invasion is due to the abstract nature of the trademark’s legal definition. Trade, for one things mark law follows an inclusive concept emphasizing the practical, instead of the ontological character of a symbol. Any sigh that it does Trade mark communication by distinguishing goods or services commercial root basis, can be reported as one. Conversely, the trade mark registration systems have developed historically around paradigmatic subject matter: A modern or new, visual trade mark consisting of words, instruments, or a combination of both. The need to reconcile those differences Imperatives- the registration system www.tjprc.org SCOPUS Indexed Journal [email protected] 9422 Amrita Mishra for trademarks is open to all categories of marks and it seems to be ‘ business as usual,’ but the registration systems has been designed with only words and figurative devices in mind-a careful reconsideration is needed of certain fundamental assumptions that underpin this area of intellectual property. Trademark is a type of industrial property that is distinct from other types of intellectual property used to differentiate between a company and services. A standard trademark conventionally involves a name, term, expression, logo, emblem, design image or a combination of these methods. There are also several other ‘non-traditional’ trademarks that have sound marks, odor marks, color marks, shapes and taste marks have gained prominence in recent times.1 In the US, the concept of ‘trademark’ in the Lanham Act includes non-traditional marks by not excluding them. It contains’ any word, name symbol, or device; or any combination thereof that identifies and distinguishes one person’s goods and services from another’s and indicates their source. The Supreme Court has made it clear that the trademark could contain anything that could possess some purpose. On the other hand, section 1(1) of the UK Trademark Act defines trademark as ‘any sign that is capable of being graphically portrayed, capable separating goods and services from those of other undertakings by one undertaking.2 In particular, a trademark that consist of words, patterns, letters, numerals or the form of its products or packaging. So, unlike. The position of the US, in the UK there is a restriction on what might actually be a trademark. The Article 15.1 of the TRIPS Agreement stipulates that can record any sign or combination of signs. As a trademark although it may be appropriate for the label is ‘visually visible’. Under EU law. A sign must be cable of being graphically presented in addition to which it must be clear, precise, self- contained, easily accessible, intelligible, durable, objective, and distinctive and not deprive trade or the public of signs that the directive or regulation implies should be free for all. In India, section 2(1)(zb) of the Indian Trademarks act specifies that any mark that is distinguishable, i.e capable distinguishing between goods and services of another. A trademark can be depicted graphically.3 Registration of a trademark helps to instill consumer confidence and the avoidance of confusion as to the source of products sold under a mark. In most cases, consumers rely on trade-marks. It’s difficult to rapidly and efficiently inspect a commodity to assess its price. The biggest need to use non-traditional trademarks arises because market-savvy firms want to design and advertise their products in such a way that it appeals to the aesthetic sense of the consumer. Even although a non- traditional mark is equally entitled to protection as is a conventional mark.4 DISCUSSIONS History The traditional and traditional trademarks such as plain words, devices, logos and designs have long been used to distinguish goods. Over time, as well as words, logos, color combinations and graphic designs, other elements have come to serve as 1 Kerly D M, Law of Trade Names and Trademarks ( Sweet and Maxwell, London), 2005, p.12. 2 Michaels Amanda, A Practical Guide to Trademark Law (Sweet and Maxwell, London), 2002, p.10. 3 Article 2, EC Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trademarks ; Article 4, EC Council Regulation No. 40/94 of 20 December 1993 on the Community Trade Mark 4 Roth Melissa, Something old, something new, something borrowed, something blue: A new tradition in non-traditional mark registrations, Cardozo Law Review, 27 (2005) 457 Impact Factor (JCC): 8.8746 SCOPUS Indexed Journal NAAS Rating: 3.11 Registration of Non-Traditional Trademarks in India 9423 identifiers of the source of goods/ services, thus serving the function of marks. Such modern marks go beyond conventional nature trademarks, features, scope and economic potential. The revolution in digital and social media has bought about paradigm shift in the branding strategies. The most striking branding strategy of the 21st century is the non-traditional trademarks. The technological Review many businesses have convinced them to experiment with ‘strong branding’ using colour; sound; smell; fragrance of raspberries; touch etc.Shape, colour, stitching pattern design, and sound were in use by different companies that have indicated brand origins for more than a decade, although their legal subsequent developments were protection and registration. For example, the coca cola contour bottle, originally designed in 1915, only got trademark registration in 1860.5 Coco cola’s packaging bottle shape has achieved iconic status and is in itself the world’s most recognizable single brand. Since the 1830s, color marks have existed. Tiffany retains a stamp of color on its icononic ‘tiffany blue’ packages- exclusive blue boxes for its jewelry. Tiffany blue is a shade of light blue produced by the company from 1845 onwards for its own goods. Another example is pink colour trademark. Owens Corning, from 1956 to provide visual contrast, the corporation’s insulation was painted pink. As a result, the company became so associated with its pink insulation it registered the word mark PINK. Although combinations of colors were long. Although protectable as a trademark, it wasn’t until the 1980s that the US law accepted a single color as a trademark when Owens-Corning launched its fiberglass building insulation campaign Thinkpink. History also shows a trademark may also be a stitching pattern. Efficient from 1873 Levis Strauss
Load more

Recommended publications
  • Trademark Law 2020 the Year in Review
    Trademark Law 2020 www.morogluarseven.com The Year in Review Index Introduction - Exception to The Mandatory Mediation Procedure 4 We welcome the new year still reeling from the one - The Future of Well-Known Trademark Registrations is Under Threat 8 just ended; still grappling with the lingering effects of - Court of Cassation Rules On Loss Of Rights By Remaining Silent and an ongoing global pandemic. No industry or profession Bad Faith 12 emerged from 2020 unaltered. Trademark law practice is no exception. Nevertheless, we must chart a well- - Uncertainty Remains over Acquired Rights in Trademark Law 16 informed course for 2021. To that end, we present - Does Use in Free Shops Constitute Trademark Use in Turkey? 20 Moroğlu Arseven’s survey of last year’s important - Impact of The COVID-19 Pandemic on Anti-Counterfeiting 24 trademark law developments. - The TPTO Takes a Helpful Approach to Classification 28 - A Review of Non-Traditional Trademarks Filed at The TPTO 32 Moroğlu Arseven - New TPTO Practice for Notifying Oppositions to International Trademark Applications 36 -A Stricter Approach to Descriptiveness and Distinctive Character as Absolute Grounds for Refusal 40 2 Trademark Law 2020 | The Year in Review Trademark Law 2020 | The Year in Review 3 Mediation became mandatory for commercial The generally accepted view on how to apply cases initiated with monetary claims pursuant mandatory mediation has changed in cases to the Law on the Procedure of Initiating the where more than one request is brought Proceedings for Monetary Claims Arising together. In the early stages of the practice, Exception to from the Subscription Agreement and the mediation was accepted as a pre-condition for supplemental article 5 / A of the Turkish every case which involved a monetary claim.
    [Show full text]
  • OVERVIEW of TRADEMARK LAWS in INDIA Index Slide Particulars Slide Particulars Nos
    OVERVIEW OF TRADEMARK LAWS IN INDIA Index Slide Particulars Slide Particulars nos. nos. 3. India as an amenable jurisdiction 13-20. Recognition i. Registered trademarks under the Act ii. Well-known trademarks iii. Trade dress 4. Trademark as an international concept 21-26. Protection: i. Ownership ii. Opposition iii. Rectification / cancellation iv. Cross-bd/border/ trans-bdborder reputtitation 5-8. International Trademark law: 27-28. Actions– infringement and passing – off i. Paris Convention ii. TRIPS iii. Madrid Protocol 9. Indian Statutory Law: Trademarks Act, 1999 30-33. Civil and criminal remedies i. Civil – injunction, damages and accounts of profits, costs, delivery-up, other restraint orders, ii. Criminal – imprisonment and fine 10-12. Draft Trade Marks (Amendment) Rules, 2015 34. Conclusion and Na tiona l In te llec tua l Proper tty RiRight hts Po licy, 2016 India as an amenable jurisdiction India is widely recognized as an amenable jurisdiction for trademark registration and protection of trademark rights, inter alia : Constant modernization of trademark offices with a vision to protect IPR; leading to growth in trade, commerce and industry; Multi-tier enforcement mechanism – Registrar, intellectual property appellate board (IPAB), civil and criminal courts; At the Registrar level: Wide recognition of trademarks, trade-dress and well-known trademarks; Speedy registration process (constantly improving; for instance, the finance minister of India has proposed a policy which will allow registration of trademarks within a period
    [Show full text]
  • Registrability of Non-Conventional Trademarks: a Critical Analysis
    [ VOLUME 6 I ISSUE 1 I JAN.– MARCH 2019] E ISSN 2348 –1269, PRINT ISSN 2349-5138 Registrability of non-conventional trademarks: A critical analysis Dr. Mwirigi K. Charles* & T. Sowmya Krishnan** *Post-Doctoral Fellow, Christ (Deemed to be University), Bengaluru, 560029. **Scholar, Master of Law, Christ (Deemed to be University), Bengaluru, 560029. Received: January 10, 2019 Accepted: February 28, 2019 ABSTRACT: In the globalized age when international cross-border trade is taking place, marks have become a key tool to indicate an identity of the company. A good trade mark has its own picture, attaches distinctive personality to the goods and is a competitive essence. Modern marking law reflects some innovations in terms of "marking" itself. The' modern market' is in the process of inventing new products that have a typical smell, special touch and uniqueness of sound to offer the' modern customers ' more' sensory' consumer products. While these new trademarks have still not been widely accepted in every jurisdiction, the use of these brands in contemporary markets is common. Modern times are the result of certain legislative amendments or judicial interpretations, new forms of sensory trademarks have become accepted globally as intellectual property. Non-traditional trademarks continue to be a practice in the modem market and the case-law is evolving in this respect. Studies show, however, that the request for non-traditional marks to be registered in international trade from the owners is increasing. On the contrary, in examination, registration and enforcement of these marks, there are no uniform standards worldwide. Against this background, this paper contains a brief history, by various case studies, on registration and enforcement of non-traditional marks, the reason for their protection under legal regimes, prevalent in the US, European Union (EU) and India.
    [Show full text]
  • Reply Brief for the Petitioners
    No. 19-46 In the Supreme Court of the United States UNITED STATES PATENT AND TRADEMARK OFFICE, ET AL., PETITIONERS v. BOOKING.COM B.V. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT REPLY BRIEF FOR THE PETITIONERS NOEL J. FRANCISCO Solicitor General Counsel of Record Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 TABLE OF CONTENTS Page A. Goodyear remains good law and resolves the question presented here .................................................. 2 B. Sound trademark policy supports the conclusion that adding a top-level domain to a generic term does not create a protectable mark ............................. 14 C. Respondent’s survey evidence does not provide a sound basis for treating BOOKING.COM as a registrable trademark ................................................... 20 Appendix — Table of rejected marks ..................................... 1a TABLE OF AUTHORITIES Cases: A.J. Canfield Co. v. Honickman, 808 F.2d 291 (3d Cir. 1986) ....................................................................... 12 Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4 (2d Cir. 1976) ............................................ 5, 7, 22 Advertise.com, Inc. v. AOL Adver., Inc., 616 F.3d 974 (9th Cir. 2010) ................................. 3, 4, 15, 16 Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991)................................................................ 5 Blinded Veterans Ass’n v. Blinded Am. Veterans Found., 872 F.2d 1035 (D.C. Cir. 1989) ............................ 16 CyberFinancial.Net Inc., In re, 65 U.S.P.Q.2d 1789 (T.T.A.B. 2002) ...................................................................... 3 Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003) ................................................................. 5 Dial-A-Mattress Operating Corp., In re, 240 F.3d 1341 (Fed.
    [Show full text]
  • Standards for Trademark Examination and Trial
    Strategic Partnership and Cooperation between the EU and China on Intellectual Property Standards for Trademark Examination and Trial State Administration for Industry and Trademark Commerce of the People’s Republic of China Office Trademark Review and Adjudication Board December of 2016 1 IP Key is co-financed by the European Union and the European Union Intellectual Property Office (EUIPO). IP Key Beijing Office, Room 2080, Sunflower Tower No. 37, Maizidian West Street, Chaoyang District, Beijing, CHINA 100125 Email: [email protected], [t] +86 10 8527 5705, [f] +86 10 8527 5708 Strategic Partnership and Cooperation between the EU and China on Intellectual Property IMPORTANT The Trademark Office and the Trademark Review and Adjudication Board have revised the Standards for Trademark Examination and Trial on basis of widely soliciting opinions from all sources and learning from the foreign examination standards and in combination with years of trademark examination and trial practices, for the purpose of accommodating to the third amendment to the Trademark Law and further regulating and well completing the work concerning trademark examination and trial. This amendment added the sound trademark examination standards, the standards for application of Examination Opinions in the examination practices, the standards for application of Paragraph 4, Article 19 of the Trademark Law, the standards for application of Article 50 of the Trademark Law, the trial standards of Paragraph 2, Article 15 of the Trademark Law, and the standards for determination of stakeholders, and made corresponding revision to the examination standards based on the partial revision to Article 10 of the Trademark Law, and deleted and added some examination cases to enrich and improve the content of the standards for trademark examination and trial.
    [Show full text]
  • Introduction of the Madrid Protocol
    Introduction of the Madrid Protocol Japan Patent Office Asia - Pacific Industrial Property Center, Japan Institute for Promoting Invention and Innovation ©2016 Collaborator: Junko Saito Patent Attorney Ishida & Associates Table of Contents Introduction ............................................................................................................................... 1 1 Outline of the Madrid System ............................................................................................. 2 1.1 Background ......................................................................................................................... 2 1.2 Background of the Madrid System ...................................................................................... 3 1.3 Madrid Agreement .............................................................................................................. 4 1.4 Madrid Protocol .................................................................................................................. 6 1.5 Differences with the Madrid Agreement ............................................................................. 7 1.6 Member Countries of the Madrid Protocol ......................................................................... 8 2 Advantages and Disadvantages of the Madrid Protocol...................................................... 10 2.1 Advantages and Disadvantages for Users ......................................................................... 10 2.2 Advantages and Disadvantages for Office
    [Show full text]
  • Shapes, Sounds and Smells Shapes, Sounds And
    Building trademark expertise since 1986 NOVEMBER 2009| Issue 222 | Shapes, sounds and smells Non-traditional trademarks explored Nokia v HMRC Counterfeit transhipment case Chinese challenge Protecting brand names Online infringement Smart enforcement strategies www.ipworld.com K US: NON-TRADITIONAL TRADEMARKS Building trademark expertise since 1986 United States: Shape, sound and smell marks Lisa Martens and Alex Garcia explore levels of protection afforded to shape, sound and smell trademarks in the US he marketing industry has always Pepsi then answered its own question in had a strong relationship with subsequent advertisements with “Pepsi Has T trademark law. This profession, the Swirl!” comprised of highly creative individuals, is Pepsi applied for trade dress registration responsible for developing some of the most for the shape and grooved appearance of its popular slogans, catch phrases and brand new soda bottle. The Trademark Trial and names of all time. Without their ingenuity, Appeal Board (Board) allowed the campaigns such as JUST DO IT (Nike) and registration of the new bottle, but the Board GOOD THINGS COME TO THOSE WHO excluded the registration from the Principal WAIT (Guinness) would not exist. Register, explaining instead that the proper However, advertising and marketing location for this new registration was the campaigns are not restricted to words or Supplemental Register. phrases. Rather, these professionals have a The evolution of trade dress continued to long history of utilising all of the human progress and eventually the Supreme Court senses to attract and retain consumer issued an opinion in Two Pesos, Inc. v Taco AUTHORS attention. From catchy musical tunes to Cabana, recognising that trade dress is Lisa Martens is a principal in the San distinctive three-dimensional designs, capable of inherent distinctiveness.2 Diego office of Fish & Richardson PC.
    [Show full text]
  • “Generic.Com” Trademarks May Be Registered If Consumers Do Not Perceive Them As Generic
    Latham & Watkins Intellectual Property Litigation Practice July 28, 2020 | Number 2782 Supreme Court: “Generic.com” Trademarks May Be Registered if Consumers Do Not Perceive Them as Generic The decision expands the availability of trademark protection for domain names and limits the number of terms deemed unprotectable because they are generic. Key Points: • The addition of the .com top-level domain to an otherwise generic term can transform the term into a potentially registrable trademark. • Consumer surveys will become even more essential in trademark litigation, as well as in the registration process. According to the US Supreme Court’s June 30, 2020, decision, a brand name can serve as a trademark only if the mark is capable of identifying a particular source of the good or service in question. Consequently, a generic term (e.g., book, computer) cannot qualify as a trademark because it is associated in the consuming public’s mind with an entire class of products or services.1 In U.S. Patent and Trademark Office v. Booking.com, the Supreme Court clarified the contours of this long-standing doctrine in trademark law by reaffirming the Lanham Act’s bedrock principle — whether a term is generic depends on its meaning to consumers.2 In doing so, the Supreme Court rejected a nearly per se rule that would have rendered “generic.com” terms ineligible for trademark registration.3 Background Booking.com is a digital travel company that provides hotel reservations and other services under the brand “Booking.com,” which is also the domain name
    [Show full text]
  • Regulation on the Implementation of the Trademark Law of the People's Republic of China (2014 Revision)[Effective] 中华人民共和国商标法实施条例(2014 修订) [现行有效]
    Please note: This translation is provided by www.lawinfochina.com with exclusive copyright and can not be reproduced for commercial use. Regulation on the Implementation of the Trademark Law of the People's Republic of China (2014 Revision)[Effective] 中华人民共和国商标法实施条例(2014 修订) [现行有效] Issuing authority: State Council Document Number: Order No. 651 of the State Council Date issued: 04-29-2014 Level of Authority: Administrative Regulations Area of law: Trademark,Trademark Order of the State Council of the People's Republic of China (No. 651) The Regulation on the Implementation of the Trademark Law of the People's Republic of China, as revised, is hereby issued, and shall come into force on May 1, 2014. Premier: Li Keqiang April 29, 2014 Regulation on the Implementation of the Trademark Law of the People's Republic of China (Issued by Order No. 358 of the State Council of the People's Republic of China on August 3, 2002, and revised by Order No. 651 of the State Council of the People's Republic of China on April 29, 2014) Chapter I General Provisions Article 1 This Regulation is developed in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the “ Trademark Law ”). Article 2 The provisions of this Regulation governing goods trademarks shall also apply to service trademarks. Article 3 To request well-known trademark protection under Article 13 of the Trademark Law , a trademark holder shall submit evidential materials proving that the trademark is a well-known trademark. As needed for trying or handling the case, the Trademark Office and the Trademark Appeal Board shall, based on the evidential materials submitted by the party, determine whether the trademark is a well-known trademark in accordance with Article 14 of the Trademark Law .
    [Show full text]
  • Article Title
    International In-house Counsel Journal Vol. 7, No. 25, Autumn 2013, 1 I Can Name that Brand in Three Notes: Non-Traditional Trademarks for Traditional Goods KATHRYN BELLEAU Assistant General Counsel - Intellectual Property and Procurement Legal, Pitney Bowes Inc., USA People are exposed to trademarks on a daily basis. Trademarks are a part of everyone’s everyday life. Trademarks are used on clothing, food, entertainment, cosmetics, etc. Unlike other aspects of law, there is no minimum educational requirement or level of sophistication to understand and/or recognize what a trademark is and how it relates to the goods and/or services with which it is used. Kids can readily recognize a brand from a young age, e.g., FISHER-PRICE toys. Teens recognize the well-known brands, e.g., COKE for soft drinks and NIKE for sports shoes. Along with these words that are used as trademarks, brand owners also use stylized lettering or designs. COCA-COLA uses stylized lettering for their soft drinks and Nike utilizes a Swoosh design on its sports shoes. These designs are also well recognized as trademarks by the general public. What people are less familiar with are the non-traditional marks that companies use to distinguish their goods and/or services from those of their competitors. One of the most common is the use of color. Other non-traditional types would be the non-functional shape of the goods or packaging for the goods; sound, usually in the form of musical notes; texture, the feel of a product or label therefor; finally, smell. All of these non- traditional trademarks need to be handled in a particular manner in order to ensure that rights are established and, once perfected, are not lost by misuse.
    [Show full text]
  • S Sound Mark, Kamdhenu Mark, Trademark Registration Tips and More
    Harley Davidson’s Sound Mark, Kamdhenu mark, Trademark Registration tips and more. April 5, 2017 Harley Davidson, Sound Mark, Delhi High Court, Kamdhenu mark, Counterfeit products, Deceptively similar, Trademark registration tips and more, presented by the Trademark attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. TRADEMARK QUOTE OF THE WEEK A good trademark, whether a word mark or symbol, is devoid of fashion or trend, which makes it potentially iconic if it’s seen for long enough in the right places. -Ivan Chermayeff TRADEMARK STATS Trademark Stats from the Indian Trademark office (30th March – 5th April 2017) Activity at the Trademark Registry has been slow in the past week; In addition to a 50 % decrease in total registrations, there has also been a significant decrease of nearly 66% in the total applications disposed through show cause hearings. A comparison of the stats from the previous week and this week are shown below. Particulars Last week This week Change in % Total Trademark applications 4899 A decrease of 4182 examined by 14.64% Trademark Office Total applications disposed A decrease of 1431 473 through show 66.9% cause hearings Total applications A decrease of published in 5202 4579 11.9% the trademark journal Total A decrease of registrations 17435 8700 50.1% granted Total hearing A decrease of notices 1078 350 67.5% issued Total number of marks published in trademark journal as on 3rd April 2017 Sr.No Trademark Office Publication 1. MUMBAI 860 2. AHMEDABAD 760 3 KOLKATA 288 4 DELHI 1221 5 CHENNAI 703 INTERNATIONAL 6 179 REGISTRATION DEVISION 7 TOTAL 4011 INTERESTING TRADEMARKS Harley Davidson’s Sound Mark Harley Davidson first applied for a sound trademark for its engine back in 1990 in an attempt to trademark the sound produced by its motorcycles.
    [Show full text]
  • The Limitations of Trademark Law in Addressing Trademark Keyword Banners Matthew A
    Santa Clara High Technology Law Journal Volume 16 | Issue 1 Article 2 January 2000 The Limitations of Trademark Law in Addressing Trademark Keyword Banners Matthew A. Kaminer Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Matthew A. Kaminer, The Limitations of Trademark Law in Addressing Trademark Keyword Banners, 16 Santa Clara High Tech. L.J. 35 (2000). Available at: http://digitalcommons.law.scu.edu/chtlj/vol16/iss1/2 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. THE LIMITATIONS OF TRADEMARK LAW IN ADDRESSING TRADEMARK KEYWORD BANNERS Matthew A. Kaminert TABLE OF CONTENTS I. Introduction ................................................................................... 35 II. TKB and the Legal Challenges ...................................................... 38 A . Search Engines ............................................................................ 38 B. Keywords are the "Key" to Banner Advertising .......................... 39 C. Legal Challenges to Keyword Advertising .................................. 43 III. Application of the Lanham Act to TKB ......................................... 45 A. Trademark Infringement and Unfair Competition ....................... 46 B. TKB Is Distinguishable
    [Show full text]