Varemærkeret

Marken stellen wirtschaftlich bedeutende Rechte dar, deren Wert häufig im Wege der Lizenzierung monetarisiert wird. Aufgrund der Zugriffsmöglichkeit in der Zwangsvollstreckung ist die Marke auch interessant für Gläubiger des Markeninhabers. Die Lizenzierung der Marke durch den Markeninhaber sowie der Zugriff auf die Marke durch dessen Gläubiger in der Zwangsvollstreckung können aufeinandertreffen. Geht eine bereits lizenzierte Marke auf einen neuen Inhaber über, greift der sog. Sukzessionsschutzes des Lizenznehmers, § 30 Abs. 5 MarkenG. Die Vorschrift regelt, dass eine vorher erteilte Lizenz von einem Rechtsübergang nicht ¿berührt" wird. Dies gilt auch für einen Rechtsübergang im Rahmen der Zwangsvollstreckung. Die Autorin untersucht welche Rechtswirkungen daraus im Einzelnen folgen.

This book guides the drafting of patent applications from a practical perspective an gives all knowhow required to with a patent.

The origin of agroforestry practices, i.e. growing trees and shrubs with food and fruit crops and grasses is traditional and very old; but the science of agroforestry is new.

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

"Just Wanna Trademark, Second Edition is created for creative entrepreneurs and professionals and gives readers the knowledge they need to have the best chance of securing a trademark. Going beyond the quilt-focused first edition, this version has updated information and examples that show creative entrepreneurs how to navigate the process"

On June 1, the Unified Patent Court became operational and unitary patents are now available for filing.This book provides an overview of the unitary patent system and offers additional strategic considerations, especially regarding the questions:Should an "opt-out" be filed for existing European patents or not?Should the Unified Patent Court be invoked?How should proceedings before the Unified Patent Court be approached?How do I defend myself if I am attacked?It is a valuable aid for all those active in the field of patent protection in Europe, since, unlike a commentary, it provides comprehensive and concrete considerations from a strategic point of view and derives concrete proposals for action from them.In addition, several chapters of the book are devoted to the enforcement of judgments of the Unified Patent Court as well as to the comparison between the Unified Patent Court and the patent jurisdiction of the member states. For this purpose, well-known guest authors could be won.New:Consideration of all relevant amendments to the lawOverview of national regulations in China, Korea, Japan and the USAAppendix with relevant legal texts Author:Prof. Dr. Aloys Hüttermann is a patent attorney in Düsseldorf, co-editor of the planned commentary on the unitary patent system and known as a specialist in this field through numerous lectures.

This consumer-driven owners' guide is your three-step path to secure a registered trademark for valuable brand names. Follow these easy steps to safeguard your online brands in Amazon Brand Registry, Social Media, domain registrations and more.

This consumer-driven owners' guide is your three-step path to secure a registered trademark for valuable brand names. Select. Secure. Sustain.(TM) Follow these easy steps to safeguard your online brands in Amazon Brand Registry, Social Media, domain registrations and more. Business owners face complex business and legal challenges on the path to a profitable business. One of those challenges is to identify and protect intangible assets that increase the bottom line. Registered trademarks not only add business value, but they also provide essential cybersecurity for valuable brand assets in today's online environment. For the first time, a leading trademark attorney shares three proven steps to help ensure you create a strong and legally protected brand. The author has carefully reimagined tried and proven trademark principles presented in easy to understand language. You will have the tools to create a significant, memorable brand so that you can market your business with strength and integrity that makes a greater impact in the world, and upon those you serve. This integrity-driven guide provides business owners and entrepreneurs the keys that unlock the door to greater business and financial success. You will learn: -What is a trademark and when should you seek to register your brand names?-The types of brand names that qualify for a registered trademark, and which do not.-The process to successfully secure a registered trademark-Reasons your application will be refused and ways you can avoid rejection.-How to avoid being misled or scammed by dishonest opportunists.-How to side-step bad advice and find an expert you can trust.

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Lanham Act. * * * In order to receive protection under the Lanham Act, a mark must be distinctive - that is, it must uniquely identify a particular brand. Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 768, 112 S.Ct. 2753, 120 L.Ed.2d 615 (1992). The PTO organizes marks using categories of ascending distinctiveness: "(1) generic; (2) descriptive; (3) suggestive; (4) arbitrary; or (5) fanciful." Id. Suggestive, arbitrary, and fanciful marks are inherently distinctive, and thus eligible for registry. See id. By definition, generic and descriptive marks lack the requisite distinctiveness. Id. at 768-69, 112 S.Ct. 2753. A generic mark "refe[rs] to the genus of which the particular product is a species." Id. at 768, 112 S.Ct. 2753. In other words, a generic mark "denotes the product rather than any of the brands of the product." Door Systems, Inc. v. Pro-Line Door Systems, Inc., 83 F.3d 169, 171 (7th Cir. 1996). A descriptive mark "conveys an 'immediate idea of the ingredients, qualities or characteristics of the goods.'" Frosty Treats, 426 F.3d at 1005 (quoting Stuart Hall Co. v. Ampad Corp., 51 F.3d 780, 785-86 (8th Cir. 1995)). Descriptive marks may only be placed on the Principal Register "if shown to have acquired a secondary meaning." Id. * * *The Lanham Act protects both registered and unregistered trademarks. See Matal v. Tam, ___ U.S. ___, 137 S.Ct. 1744, 1752, 198 L.Ed.2d 366 (2017) ("[E]ven if a trademark is not federally registered, it may still be enforceable under § 43(a) of the Lanham Act, which creates a federal cause of action for trademark infringement."). In a trademark suit, whether a mark is registered is important because it determines which party bears the burden of persuasion. If the mark is not registered, the mark user bears the burden of showing that the mark is protected by the Lanham Act. Zobmondo Entm't, LLC v. Falls Media, LLC, 602 F.3d 1108, 1113 (9th Cir. 2010); Bd. of Supervisors for Louisiana State Univ. Agric. & Mech. Coll. v. Smack Apparel Co., 550 F.3d 465, 474 (5th Cir. 2008) ("To prevail on their trademark infringement claim, the plaintiffs ... must establish ownership in a legally [protectable] mark, and ... they must show infringement by demonstrating a likelihood of confusion."). But if a mark is listed on the PTO's Principal Register, the party challenging the mark's validity bears the burden of showing the mark is not protected by the Lanham Act. Lovely Skin, 745 F.3d at 883.ZW USA, Inc. v. PWD Systems, LLC, 889 F. 3d 441 (8th Cir. 2018)

Source: Wikipedia. Pages: 58. Chapters: Service mark, Trade dress, Protected Geographical Status, Trademark, Lamparello v. Falwell, Priority right, Genericized trademark, Rescuecom Corp. v. Google Inc., Trademark distinctiveness, Google, Inc. v. American Blind & Wallpaper Factory, Inc., Cybersquatting, Geographical indication, Appellation d'origine contrôlée, Paris Convention for the Protection of Industrial Property, Certification mark, Trademark dilution, 1-800 Contacts, Inc. v. WhenU.com, Inc., List of trademarked open source software, Non-conventional trademark, Sound trademark, Madrid system, Trademark attorney, Reverse domain hijacking, Office for Harmonization in the Internal Market, Kembrew McLeod, Passing off, Typosquatting, Hologram trademark, Community Trade Mark, Trademark infringement, Office action, A moron in a hurry, Juan Valdez drinks Costa Rican coffee, Uggs-N-Rugs, Electronic registration mark, Colour trademark, Confusing similarity, Registered trademark symbol, Indian Arts and Crafts Act of 1990, Collective trade mark, Wordmark, Trademark classification, Singapore Treaty on the Law of Trademarks, Linux Mark Institute, List of trademark case law, Norwegian Industrial Property Office, Trade Marks Act 1994, Opposition proceeding, Ghost mark, Allegation of use, Trademark examiner, Imperial Group v. Philip Morris, Unregistered trade mark, Indicazione geografica tipica, Chartered mark, Functionality doctrine, Trademark erosion, Trademark share, Brand piracy, Reputation parasitism, Amendment to allege use. Excerpt: A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. A trademark may be designated by the following symbols: A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States. The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, whi...