Re: FUNCTION & GENERIC WORDS CAN B TRADE MARK?

Subject: Re: Re: FUNCTION & GENERIC WORDS CAN B TRADE MARK?

Comments:
: : I'm making a study case on brands and copyrights, I've been finding interesting contradictories......I appreciatte all help You could provide to clear some points: : : : : Can a generic word be a protective trade mark such as "A" or "Converter" or "Data Bank", suppouse a calculator with data bank function, and all of these marks are registered by different owners, is this liable to counterfeit of trade marks infringment? even if used to describe the function or type? what criteria are choosen for allowence and for protection as exclisive, this way no sonner almoust all wordings of lexic will be resgistered so no one will be allowed to wright anything on the products then...... : : : : I understand the Law is very clear about generics and commen words can't be distinctive enough to be treted as trade marks. : : I've visited USA Patent and Trade mark Office Site, there I found interesting cases they have wordings registered e.g.on electronic calculatores or watches, marks whic are merely functions or descriptions likelyhood of creating confussions...... : : 1) "DATA BANK" (in same name there are patented devices registered made before trade mark registration) : : 2)"ILLUMINATOR" (in same name there are patented devices registered made before trade mark registration) : : 3)"WATCH" (in same name there are patented devices registered made before trade mark registration) : : 4)"A" : : 5)"C" : : 6)"G" (same mark given to many subscribers) : : 7)"5" : : 8)"DAY-DATE" : : 9)"SPORTS" : : 10)"CE" these marks are compelsery on every products in Europe I believe. : : : : These marking and words are of commen use on corrent language still were registered its unbelivable isn't contradictory, same mark allowed to many owners what creteria is correct? are these marks protective for exclusivity or just second marks..... wich out of ten are correct or all of them improper of destinctiveness enough to be considered a trade mark. : : Can these mark owners allegate lgetimely claims of infringment against the usage of these wordings on similar products by other makers isen't this unfair competition on trying to origin conflicts on market. Even when the use was made to describe a function or type or quality and as a mention only while with other own brand clearly identifing the source of product? How these cases are treated then? : : There are marks such as timer, alarm, crhono, digit, plus, on. off, but all are combined with other brand names, not single word only. These were allowed and registered, e.g. alarm mate, crhono swiss.... : : Above examples are registered words solely... : : : : Plus I found the owners of these marks 1) and 2) are multinationals so no ordinary people they carefully choosed marks which are functions moreover they are not owners of the first registration made as patent, the marks were registered after the patent had and on few cases only after several years of registration as a brand name they were able registering as patented function. : : Don't you think this is deliberate and unfair on trade regulations? and there are more brands on same cases: "FULL AUTO EL LIGHT", "PULSE CHECK", "TIME", "TIME TIMER"... : : Here in my country all international trade marks are just registered under protection of International registration so they assume if registered on a foreign country then it must be correct. : : There is no low to support such attitude..... : : I appreciatte your comments by return mail with a copy to my email address. : : : : Thank you on advance, : : Ash : It is really simple. : Copyright protect a mode of expression, not and idea. A trademark protects a symbol as associated with a goods or services. As long as a mark is distinctive with regard to what it is associated with it ought to stand as long as it is not likely to be confused with the same mark with use by another. Trademarks may not be descriptive. That would give an unfair monopoly. The use of know words or symbols must meet these standards. A letter of the alphabet can be used if it is distinctive as used with the goods or service. It might precluded the use of the same letter in another mark for the same goods in a mixed context. The letter A for live fishing bait might identify the product as a trade mark. The "A" mark would probably not dominate ABC for bait. The law is not as illogical as it may simtimes appear. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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