Question: Could somebody help me with this task regarding Intellectual Property Law? Lisa has a company with the name ''Easy-keysi'' and provides a combination of a
Could somebody help me with this task regarding Intellectual Property Law?
Lisa has a company with the name ''Easy-keysi'' and provides a combination of a plank and magnetic hooks. The slogan for her business would be ("Organize your Keys with Ease").
Can the name and slogan be trademark protected in regard to absolute and relative grounds?
absolute grounds:
The purpose of excluding descriptive or generic terms, respectively terms dictated by mere technical reasons, is to prevent a producer from claiming the word used in the language to describe the product itself. Such a word should be available to all producers and consumers of the product to describe the item. The common use of this word in society must not be restricted.
signs must not be descriptive or generic
signs must not reflect the goods themselves, or be shapes of the product dictated by mere technical reasons
signs must not be misleading
signs must not be contrary to public order, good custom or applicable law
relative grounds: refer to the comparison of the newly filed trademark with potentially conflicting earlier trademarks. Contrary to the absolute grounds of refusal, they are not automatically assessed by the IPI. The beneficiary of the earlier trademark has to bring forward any relative grounds (art. 3 TmPA):
signs must not be identical to an earlier mark used for identical goods or services
signs must not be identical or similar to an earlier mark used for similar goods or
services (likelihood of confusion).
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