We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Trademark Act - Essay Example

Comments (0)
Given that the function of trademarks is to operate as an indication of origin, there is no justification for the law giving a trademark proprietor the right to prevent the parallel importation of its own trademarked goods."
Trademark law in the UK is governed by the Trademark Act 1994 (TA), it has concisely defined what a trademark is, what can gain the status of a trademark and the protections afforded to a trademark…
Download full paper

Extract of sample
Trademark Act

Download file to see previous pages... An example of a trademark is the Nike tick, which allows the consumer know they are buying Nike products; whilst if one buys a similar product with a picture of a puma on then the individual knows that it is a Puma product. Therefore if another producer started to sell products that had a Nike tick on then it would be a breach of the TA and this producer would be liable for this breach. The concept of trademark law is straightforward when one is dealing with two autonomous producers; however is the case of there being a breach of trademark protections in the case of parallel importing
The first question to ask is what is parallel importing Parallel importing is the situation when goods originate from the same producer or set of manufacturing licensees but are sold and produced in different countries. This may lead to a disparity in price, because in say Eastern European Countries the production and sale is a lot cheaper than that of the producer's counterpart in Western Europe. Therefore one has to consider whether the domestic producer can use trademark protections to stop middlemen from buying products from the cheaper nations and import them to sell in competition against the more expensive domestic producer1. Therefore can Trademark law as Cornish argues can be used to protect trademarks in parallel exportation issues; however with much difficulty in an open market:
Any intellectual property right may be used at the frontier of the higher-priced country to close off the entry of goods bought by a parallel importer in the lower-priced country, if those rights extend to the distributor's importation and are not regarded as ""exhausted" by the initial marketing abroad, i.e. by so-called ""international exhaustion". Whether the particular intellectual property law, or some other dictate of commercial policy (such as free movement of goods within the E.U.), calls for international exhaustion is a matter which legislative bodies everywhere find extraordinarily difficult to answer, and it is more often left to courts to arrive at a solution.2
Therefore introducing the question whether allowing their to be importation by a middle man who was correctly sold a product, in a country where a product has a cheaper price that that of the destination country, is in fact a breach of trademark law. This is a very difficult point of law because one could argue that yes it is because it is devaluing the product and its reputation in the country of destination, because the market values is devalued by the importation of a cheaper version of the product.3 Yet, on the other hand, on has to consider whether in fact there is a case of a trademark breach because the sale of the product was correctly done through a legitimate manufacturer of the product. If the product was bought legitimately, i.e. the product was made by an approved plant or licensee, then how could it be a breach of trademark law
The following section will consider the case law in this area. In the early case of Colgate Palmolive Ltd v Markwell Finance Ltd [1989] RPC 497 it was successfully proven that parallel imports are in fact a breach of trademark law, because it devalues the product, which breaches trademark law. The way that this case argued that parallel imp ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Trademark Assignment
The complainant also retains the right to bring an action under the tort of passing off in instances where the trade mark is unregistered in certain circumstances.2 This paper will demonstrate the significance of the tort of passing off since the introduction of the registered trademark system.
16 Pages(4000 words)Essay
Critically analyse the requirements for protecting the shape of a product as a registered trademark and as a registered design u
23 Pages(5750 words)Essay
Parallel imports are good for welfare, not bad for welfare
Relieved of local advertising expenditures and other costs, the parallel importer can sell the goods at prices well below those the authorized distributor is willing to charge. Increases in the volume of world trade over the past decade have heightened the importance of such parallel importation.
8 Pages(2000 words)Essay
She applied to patent her name and wham, the big dog is there to say no. McClusky, of course thought nothing about it when she named her regular event Mcfest because after all her last name is McClusky. In fact, she has been using that name for her event for a couple of years.
2 Pages(500 words)Case Study
Intellectual Property Law Master Essay
If the business identified is a service rather than a product, the mark is called a service mark. 'From the economic point of view, a trade mark is symbol that allows a purchaser to identify goods or services that he is considering for purchase'. Most jurisdictions make it mandatory for trade marks to be non - descriptive of the goods concerned.
8 Pages(2000 words)Essay
Trademark logos
This can include symbols and two dimensional representations of goods, colored marks, three-dimensional signs, audible signs, and even distinctive smells (WIPO, 2003). The rule that is generic
8 Pages(2000 words)Essay
Trademark Dilution
For example, Kodak is a trade mark of repute in the field of photography just as Rolls-Royce in automobiles and Coca-Cola in soft drinks. Reputation need not be as high as international to qualify for being reputed. Reputation is
2 Pages(500 words)Essay
Define and explain the provisions of Trademark law. Describe some of the challenges that the Web and Web applications pose for Trademark. Provide and discuss relevant examples of how these challenges have been addressed either by amendments to Trademark
n order to get a trademark for a brand, organization, franchise, it is necessary to get the trademark rights from the government or concerned authorities under the defined laws. This essay is aimed to define and explain the provisions of trademark laws. The essay will also
4 Pages(1000 words)Essay
Therefore, advocating for dissatisfied consumers’ rights to establish gripe sties that use the trademarks of the offending companies
1 Pages(250 words)Assignment
However, trademarks also have disadvantages that mostly affect the owner through having to verify usage frequently and can even get lost if correct submission procedures are not followed. Since
5 Pages(1250 words)Assignment
Let us find you another Essay on topic Trademark Act for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us