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					                                            DO YOU SEE ALL THE
                                         TRADEMARKS ? THE WORLD’S
                                           FULL OF TRADEMARKS !
                                                 SO IT IS !




BY THE WAY, WE HAVE TO DECIDE   WE, PING PONG, ARE GOING       WHAT ARE THESE TRADE-
WHAT OUR TRADEMARK IS GOING     TO MAKE HISTORY…               MARKS MARCO IS TALKING
                                                                         ABOUT ?
               TO BE.




                                                                    FIND OUT INSIDE !
                                                                     ALL ABOUT
                                                              TRADEMARKS.
  ARE YOU SURE IT’S HERE ?          YES, IT’S A PLACE WHERE THEY MAKE
                                             T-SHIRTS TO ORDER.




     THERE IT IS!                                                   COOL ! THIS IS JUST
                                                                    WHAT WE WANT !




THINK OF IT:         PING PONG DOES THE      YOU AND I PRINT THEM   WE SELL THEM IN THE
WE ORDER BLANK       DESIGNS…                AND PUT OUR TRADE-     STREET !
T-SHIRTS…                                    MARK ON THEM AND…
I HOPE IT WORKS OUT ! WE’LL BE UP             BUT THEY DON’T HAVE A TEAM LIKE OURS…
          AGAINST SOME VERY FAMOUS
                        TRADEMARKS !




 I THINK THERE                                                     AND AS OUR T-SHIRTS
 SHOULD BE ROOM FOR                                                  WILL BE UNIQUE…
         EVERYONE.
                                    THE FAMOUS
                                  MARKS ALREADY
                                  HAVE THEIRS…




                                                                THERE’LL BE ROOM
                                                                   FOR US TOO !
HAVE YOU HEARD          HE COPIES WELL-       AND SELLS HIS THINGS...
ABOUT TRICKY RICKY’S    KNOWN TRADEMARKS...
          LATEST ?




                                              AS IF THEY WERE
                                              THE ORIGINALS !
    RICKY’S A CHEAT !      WE’LL SHOW HIM THAT WE      WITH HARD             OH, AND HERE
                           CAN MAKE AN HONEST           WORK...              COMES CHULI…
                                   LIVING...




                                                    AND OUR OWN
                                                    TRADEMARK !

HI GUYS ! I’VE BEEN TO THE TRADEMARK        W H AT I S A T R A D E M A R K ?
             REGISTRY…
                                                        “A TRAD
                                                       SERVES, EMARK MEAN
                                                      GOODS ANIN TRADE, TO S ANY SIGN THAT
                                                     COMPANY D SERVICES OF DIFFERENTIAT
                                                             FROM THOS      ONE         E TH
                                                                      E OF ANOT PERSON OR E
                                                                                HER”




        “A TRADEMARK MAY BE       THE THING IS THAT IT IDENTIFIES THE PRODUCT OF THAT PERSON
A WORD, FIGURE, LABEL, SOUND,        OR COMPANY SO THAT IT IS NOT CONFUSED WITH OTHERS !
       IN THREE DIMENSIONS…”
IF PEOPLE IDENTIFY THE         THAT’S RIGHT, AND THE TRADER HIMSELF CAN PUBLICIZE IT
PRODUCT THEY WANT,                                BY ADVERTISING.
THEY CAN ASK FOR IT.            THAT
                             SEEMS CLEAR


                                                                            The
                                                                            best:


                                                       NEVER CLEARER !

IF THE PRODUCT IS WELL RECEIVED, PEOPLE WILL                      A TRADEMARK CAN BE USED TO CREATE
RECOGNIZE THE TRADEMARK, WHICH ITSELF WILL BECOME                 AN IMAGE AND A STYLE FOR THE PRODUCT.
BETTER KNOWN AND INCREASE IN VALUE.




IF YOU LOOK AT IT THE OTHER WAY, WITHOUT A TRADE-                    THAT’S HOW IMPORTANT
MARK NO ONE WILL RECOGNIZE THE PRODUCT.                              IT IS TO HAVE A
                                                                     TRADEMARK !
                     IT’S CHOCOLATE, VERY TASTY,
                      BUT I CAN’T REMEMBER THE
                             TRADEMARK…




                                      WELL I CAN’T JUST GUESS !
   SO REMEMBER, GUYS: IF THE MARK GETS WELL                  BUT WAIT A MINUTE… WHAT IF OTHERS
        KNOWN, PEOPLE LOOK OUT FOR IT,                               COPY OR IMITATE OUR
                    AND…                                                 TRADEMARK ?




    WE GET TO THE TOP !                 WE CASH IN !

THAT’S NOT ALLOWED: TRADEMARKS HAVE                 THEY’RE SUPPOSED         BUT WHAT IF THEY
TO BE SPECIAL, AND DIFFERENT FROM ALL                 TO IDENTIFY,             STILL COPY OR
            OTHERS IN EXISTENCE.                      NOT CONFUSE.              IMITATE US ?




WE REPORT THEM TO THE AUTHORITIES FOR BREAKING THE LAW.                TO PROTECT YOUR TRADEMARK,
                                                                       YOU FIRST HAVE TO GET IT
         CONFISCATION AND A FINE ?       COUNTERFEITING IS A           REGISTERED.
       WHY SO MUCH, WHEN MY BUSINESS    SERIOUS OFFENSE, SIR…
                IS SO SMALL ?




                                            YEAH,
                                        YOU SWINDLER !                 GULP! AND IF I HAVEN’T
                                                                           REGISTERED IT ?
       YOU CAN’T                                        REGISTRATION PUTS YOU IN CHARGE             IT MAKES YOU
      PROTECT IT ! (1)                                            OF THE MARK.                      THE OWNER…




                                          THE ONLY ONE ALLOWED                            IS THAT FOR LIFE ?
                                                TO USE IT.

    REGISTRATION IS FOR TEN YEARS,                  WE’D BETTER CREATE OUR
       BUT CAN BE RENEWED AGAIN                     TRADEMARK AND GET IT                     STEP THIS WAY,
                      AND AGAIN. (2)                REGISTERED RIGHT NOW.                      PLEASE !




(2) IN SOME COUNTRIES IT IS FOR LONGER.

                 WE MUST ALL SUGGEST WORDS                                YOU HAVE TO REMEMBER THAT
              THAT CUSTOMERS LIKE, AND CHOOSE                             CUSTOMERS LINK THE TRADEMARK
                       THE BEST ONE.                                          WITH THE PRODUCT.




 (1) IN SOME COUNTRIES IT IS POSSIBLE TO PROTECT UNREGISTERED
     TRADEMARKS.
         WHAT DO YOU
           THINK OF
                                                 IT’S FROM           T HERE ARE VARIOUS
                                                                     KINDS OF TRADEMARK


                                                                   SUGGESTIVE OR EVOCATIVE.
                                                                   SUCH NAMES SUGGEST THE
                                                                   QUALITIES OF THE PRODUCT
                                                                   OR SERVICE :



                                                SOUNDS LIKE
                                                A MEDICINE.

WHAT ABOUT             WHAT, LIKE                YES, IT’S KNOWN
CALLING IT             Reebok,                      ALL OVER
                       THE TRADEMARK              THE WORLD !
                       IN THE TV
                       COMMERCIALS…?                               ARBITRARY. WHERE THE
                                                                   NAMES DO NOT DESCRIBE OR
                                                                   SUGGEST THE QUALITIES OF
                                                                   THE PRODUCT OR SERVICE :




                                        AREN’T YOU
                          FORGETTING THAT WE CAN’T USE A
                            TRADEMARK THAT’S ALREADY REGISTERED?

OOPS !         EXCEPT OF COURSE        YOU CAN GIVE
SORRY…         WITH THE OWNER’S        PERMISSION ?                FANCIFUL. WITH NO
                  PERMISSION.                                      SPECIFIC MEANING :
 OWNING A TRADEMARK IS LIKE                  IT IS SOMETHING THAT YOU CAN SELL
 OWNING A CAR.                                 OR LET SOMEONE USE FOR A WHILE
                                                          IF HE PAYS FOR IT.




                                   THE TRADEMARK IS INTANGIBLE,
                                   MOVABLE PROPERTY.

AND WE CAN PRICE IT SO            THAT DEPENDS ON THE MARKET VALUE OF THE TRADEMARK;
 AS TO MAKE A PROFIT ?                      THAT’S WHY PRESTIGE IS IMPORTANT,
                                                          REMEMBER?

                                   BEER




                              A TRADEMARK, LIKE ANY
                              COMMODITY, IS NEGOTIABLE.
COME ON GUYS, WE HAVE                                                        WHY NOT
      TO DECIDE ON OUR
         TRADEMARK !                                                         MARCO
                                                                             VANITY ?
                                    WHY NOT MY NAME,
                                               ?                             HA HA…

                                                     WHY NOT ? IT’S AN
                                                     ARBITRARY MARK !
                                                                   WATCH OUT
 IT DOESN’T HAVE TO BE         CHULI LÓPEZ IS MY NAME, IT’S LIKE       THOUGH…
ME ! IT COULD BE               MY TRADEMARK: I OWN IT, AND I
                               WON’T LET YOU USE IT.

                                                                    THERE ARE ALSO
                NO !                                               PROHIBITIONS
                                                                    ON TRADEMARK
                                                                    REGISTRATION, WHICH
                                                                    VARY ACCORDING TO
                                                                    THE LAWS OF EACH
                                                                    COUNTRY.



                                              …
                               CLOTHING FOR LIVING,
WHAT IF WE MADE IT                          …
                                 I LOVE             …
                         ?       I WEAR             .




                                                                    FOR MORE INFORMATION
                                                                    YOU CAN GO TO YOUR LOCAL
                                                                    TRADEMARK OFFICE.

    I LIKE
                                                      ,
                 !                         WITH ITS ®
                                           FOR “REGISTERED”.




                             RIGHT ! SO NOW WE DESIGN IT
                               AND GET IT REGISTERED !
                                    OUR T-SHIRTS WILL BE            , BUT WHAT IF SOMEONE
                                    BRINGS OUT                CARAMELS, FOR INSTANCE ?




                                            HE CAN DO THAT BECAUSE IT’S A
                                    DIFFERENT PRODUCT, WITH NOTHING TO DO
                                                        WITH OUR T-SHIRTS.

THERE’S NO RISK OF CONFUSION WHEN THE PRODUCTS          THE CLASSES OF PRODUCTS ARE DESCRIBED IN
HAVE NOTHING TO DO WITH EACH OTHER, LIKE CARS           THE NICE INTERNATIONAL CLASSIFICATION.
AND CAMERAS. THE DIFFERENT PRODUCTS ARE
ARRANGED IN DIFFERENT CLASSES.



                                        TECHNOLOG Y
                                                                           Nice ional
                                              IMPORTS




                                                                              at
                                                                       Intern ication
                                                                             if
                                                                       Class IPO
                                                                            W




         AND WHO DECIDES ON THE CLASSES ?

                               HERE’S OUR                    RIGHT
                              APPLICATION…                                              NOW WHAT ?




                                  …AND I’D LIKE A STAMPED
                                      COPY, PLEASE.
                              WE HAVE TO PUBLISH THE                         SO THAT ANYONE WHO IS AGAINST
                              APPLICATION IN WHATEVER NEWS-             OUR MARK CAN INFORM THE TRADEMARK OFFICE.
                              PAPER THE TRADEMARK OFFICE SAYS.
                                                                                                   AND IF NOBODY
                                                           WHAT                                    IS AGAINST IT ?
                                                           FOR ?




                                                                      THEN THE TRADEMARK OFFICE CHECKS WHETHER THE APPLICATION
                                                                      IS THEN OK.
                                                                                                PEOPLE RECOGNIZE IT AND
                                                A TE R …       OUR PRODUCT HAS GOT ITS OWN
                                       TIME L                  REGISTERED TRADEMARK…            ASK FOR IT.
                                SOME
ISBN 92-805-0962-4




                              IT’S BEEN HARD WORK, BUT OUR TRADEMARK HAS
                              GOT A REPUTATION AND NOW…                                 WE’RE ALL CASHING IN !
WIPO Publication No. 483(E)

				
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posted:12/1/2008
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