1 securing brand protection for fair trade may 25, 2015
TRANSCRIPT
1
SECURING BRAND PROTECTIONFOR FAIR TRADE
MAY 25, 2015
2
WHO ARE WE?
WWW.MARCHIEDISEGNI.EU
3
FAIR TRADE IS TRADE SO TRADE MARKS ARE
VITAL IN ORDER TO PROTECT
PRODUCTS/SERVICES QUALITIES
REPUTATIONSOURCE OF ORIGIN
4
WHAT’S A TRADE MARK IN LEGAL TERMS
A Trade Mark is a sign (capable of being graphically represented) and aimed to
distinguish goods and service
5
PROTECTION DEPENDS BY
DISTINCTIVENESS AND NOVELTY(above all)
Not misleadingNot contrary to public order
In good faith
6
KINDS OF SIGNS
WORDS
DRAWINGS
SHAPES
COLORS
SOUNDS
SMELLS?
KINDS OF TRADE MARKS
INDIVIDUAL TRADE MARKS: distinguish the source of origin (the majority of trade marks)
COLLECTIVE TRADE MARKS: distinguish an association
CERTIFICATION MARKS: distinguish the qualities of certain products or services
KINDS OF TRADE MARKS
HIGH REPUTED TRADE MARKS: protected also against not similar goods and/or services
WELL KNOWN TRADE MARKS: protected also abroad
ORDINARY KNOWS MARKS: protected only against similar/identical signs for similar/identical goods and/or services
KINDS OF TRADE MARKS
REGISTERED TRADE MARKS: PROTECTION DEPENDS BY THE COUNTRY WHERE THE TRADE MARK WAS FILED / REGISTERED
UNREGISTERED TRADE MARKS: PROTECTION DEPENDS BY THE COUNTRY WHERE THE TRADE MARK WAS USED (SOME COUNTRIES PROTECT UNREGISTERED TRADE MARKS SOME OTHER NO)
REGISTRATION PROCEDURES
NATIONAL TRADE MARKS: E.G. ITALY, GERMANY, CHINA, BENELUX…every country has its own system for for registering and managing marks.
COMMUNITY (EU) TRADE MARKS: An unitary system for registering and managing marks for the entire EU territory: https://oami.europa.eu/
INTERNATIONAL TRADE MARKS: a one stop solution for registering and managing marks in about 96 countries http://www.wipo.int/madrid/en/members/
OTHER REGIONAL SYSTEMS SUCH AS OAPI: http://www.oapi.int/
TRADE MARK IN FAIR TRADE
Could be…
INDIVIDUAL / COLLECTIVE / CERTIFICATION MARKS
NATIONAL / COMMUNITY / INTERNATIONAL
REGISTERED / UNREGISTERED
REPUTED / UNREPUTED
TRADE MARK IN FAIR TRADE
CASE HISTORY OF
WFTO LOGO
13
Consorzio Camerale per il credito e la finanzaVia Meravigli 9/b
20123 MilanoTel: 02 8515 4264
E-mail: [email protected]