and welcome for the third and last video of this first class class one um specifically what I want to do in this video is to give you a broad overview very broad because of course the interest of time we only have you know less than 15 minutes um I want to give an overview of what is trademark law in the mechanics you know the basics of trademark law um you have seen in the last video last slides that the source of trimmer protection are in the United States the U.S Constitution the Commerce Clause uh the landman act as um the current landman Act was enacted in uh 1946 and has been revised um so following the first um edition of it uh multiple times in 1962 in 1988 and so on uh even though the biggest um revision were 1960 2019 um uh 1988. most recently we also had some provision in the past couple of years but they didn't change the fundamentals mechanic of trademark law as we will see the 1960 to 1988 did uh with respect to lack of confusion or uh intent to use trademark application for example now originally uh trademark protection was based on the IP Clause um the same that justified the protection of patents and um and copyright but in 1979 there was a case in front of the Supreme Court the trademark cases and here the Supreme Court said that trademarks since they don't end and epicloans said Congress Xiao uh protect for a limited time amount of time and trademarks protection does not end because Marx can continue to be renewed um after the first registration that expires in 10 years for incremental 10 years um the Supreme Court said the trademarks could not find the justification under the IP clause and so um now did you see the the justification of treatment protection under the Constitution is based on the common Clause that Congress shall have the power to regulate commerce with foreign nation and among and among the several States and so you see to have a federal training registration we need to have interstate trade between at least two states otherwise of course we can have State registration or state protection depending on the states now the first thing in trademark law is what is protected what is a mark so what is legally protectable what type of sign and uh in the next slide you can see the definition in the lemon act but your definition is very broad any sign which is capable of distinguishing product can be protected and so you see virus iteration Coca-Cola World Coca-Cola logo Coca-Cola combination of color in the can and the Coca-Cola iconic bottle the shape these are all protected marks and so the landmanac says any word name symbols or device or combination there are can be which is using Commerce to identify and distinguish products into the kids Source can be protected as a mark because the requirement for assigned to be protected as a mark is disabled to identify goods or services the primary requirement for trademark protection is distinctiveness the ability to identify the products to which a markets are fixed and to differentiate them from other similar products and to be the second pillar of protection is priority a sign can be protected only to the extent that another equal identical or similar Mark it's not already been protected so if I want to do an F for a social media probably I'm not going to be able to unless it's very different from the Facebook app and has some specific reason why it might have it today we can register as Mark of course words we can register logos the pictorial element we can register combination of pictures and logos um sorry and words uh we can register shapes you can notice here the shapes don't include the words but then we can also register shape that includes figurative element often because those shape per se might be found to be functional but the combination of shape color and words and logos is not we can register position Adidas three stripes it's not a shape Mark it's a position mark on a specific part of products because otherwise that would mean that I cannot put three stripes anywhere and it will be too high Monopoly patterns can be protected as Mark if they're distinctive colors including single colors can be protected so Tiffany blue the posted yellows colors combined with figurative element or logos or words um and then we have the non-traditional trademarks the non-conventional marks such as sounds uh including you see the The Sounds waving you know in an electronic format motions um Holograms and also marks that includes multimedia there is a for example a famous heartbeat uh with also sounds and shape for a company that produces specific medical devices in addition to trademarks we usually refer to trademarks to all type of marks with the word trademarks but technically they are five type of marks we have trademarks that refers to Goods so such shoes beverages jeans bags cars we have service marks that refers to Services identify services such as Delta Airline versus American Airlines UPS versus FedEx entertainment services and so on banking services Scout and group services then we have certification Mark now trademarks and service Mark the owner is a company or an individual the certification marks are owned by an association and really can be used by anybody who meets the standard that the certification means USDA certified co-share uh Angus beef in order to use these marks we have to meet the requirement of the certification usually an association runs the certification control the certification and then there is an external control as well stand that makes sure the certification is um actually complied with Collective Mark don't imply a certification but are also owned by membership they identify membership rather International uh AAA and so on and then trade dress it's all Zone individually and refers to shape and overall product configuration and we're going to see um in next class what are the limitations for trade rest protection and so the difference between product design and product packaging and how the Supreme Court evolved in his interpretation of protection of Street dress now when we register trademarks we are going to identify the goods and services that we want to associate our Mark with I want to produce colas and I want to use my marks on colas or I want to produce shoes or I want to produce jewelry once we apply and next class we're also going to see the registration and in the slides that I provide I do a much more extensive or those screenshot by screenshot of how we apply with the uspdl we have to identify the good and services these good and services are classified by an International Convention called the nice agreement into um 45 classes 34 for goods and 11 for services anybody is interested please go on and check the USPTO website and look at all the classification of good and services now within a class there is lots of goods or a lot of services and so we need to even select the actual Goods that we want to have in some country we can apply for our old class but in the US we have to select the soup um Goods within the class and for example there is marks that coexist think about domino pizza and Domino Sugar they're both dominoes but for very different products um in the in in Italy we have Ferrari for cars and Ferrari for sparkling wine we have Fiat for cars and Fiat for um chocolate um and then you also can have um you know for example Macintosh apple and Macintosh computer that at the end of the day they use as an apple but um there's stories here is that the two are very not confusing and as I mentioned trademark protection can be based on registration today we can register based on an intent to use we don't have a registration or we don't have to have the market news already even though we apply on an intent to use and then we have to provide a statement of use before the registration is issued but we can also get protection for unregistered trademark within the boundaries of unfair competition now the two type of protection are fairly similar the standards are similar but the main difference is procedural there are procedural relevant benefit in obtaining registration we can apply for an application we can present an application file an application before we are actually in use while unregister Mark have to be in use to be protected and once we apply even though we are not yet using we might start using in two years before we receive our registration we have priority date the application is the priority date and from that moment on people who use similar sign will be considered in fringing in addition registration is prima fashion evidence of validity and even more relevant in a case for infringement or dilution or a register Mark the burden of proof is on defendant to prove that he or she or it is a company was not the use of the sign was not confusingly similar or uh dilution like had a library of dilution well if we don't have a registration is up to Plaintiff to prove now evidence collecting evidence and proving um requires a lot of a lot of materials and a lot of expenses and a cost litigation is a very expensive proposition and so to have the all the the burden of proof reverse onto defendants certainly is very convenient um and so this is why registration is always encouraged and it's also fairly and relatively inexpensive today the fees are between 400 and a little bit more of course using a trademark attorney they can go up to a thousand plus but still fairly inexpensive considering the patents fees and so on now once register Mark is valid for 10 years and can be reused renewed for 10 years and 10 years and 10 years so long as the market is using Commerce and once the Mark is registered we have the exclusive use to use and allow other from using allow other to use and prevent others from using unless they are working they are using the sign without our consent under an exceptional limitation now the question is will always an application for a mark be accepted and the answer is of course not most of the time yes but in many cases also no why well because the sign that we applied for might be devoided of distinctiveness again needs to be distinctive or able to distinguish or because there is already a sign that is registered or has been applied before us to be registered which is confusingly similar so again distinctiveness priority they also relate to the grounds for accuser of trademarks and marks can become generics once they're registered um these are many examples of marks that were registered and then became generic and so they are no longer marks um and how do we enforce trademarks once we have our rights well we don't want to have rights unless we want to use them hopefully we don't have to enforce them but should the case arise we should be able and be willing to do so so what is turmeric infringement if a person or a company infringes if he or she uses in the course of trade in Mark which its identical or similar to the register Mark and is used in relationship with two identical or similar products in the case that a lack of confusion arises from these hues now when the Mark is well known or favors then the products don't have to be similar the marks yeah have to be similar and if they they used by the third party non-authorized use provoke um connection there is a connection and a potential punishment or blurring of the distinctiveness then that use can also be prohibited now we have confusions at the point of sale but which is infringement but we can also have consumer confusion initial interest confusion happens when I for example look at keyword advertisement and I see an advertising I think I'm going to anike this online store and I'm going rather into a rebook or an Adidas and I realized where I am so I was confused but initially and then I understand what I am but then I'm distracted by seeing some special offer in that website and I end up buying those products Paul said is when I buy a fake products for example a fake Rolex and I know it's fake me the purchaser I know but I wear it because I want other people to think that it's real so there is confusion pulse sale because individuals that see me with that object might think that is real and Beyond confusion we have as I mentioned dilution and dilution protects the well-known marks against the erosion of the distinctiveness and and misappropriation of the Goodwill the the trademarks and so here you see the mark have to be identical or similar uh in relation with any good or Services uh so long when the mark would indicate a connection between these gooder Services uh there is a likely damage to the interest of the proprietor of the Mark um or The Mark with cost dilution of the distinctive character or would take unfair advantage of the distinctive care and these are some examples of dilution you see enjoy cocaine certainly Coca-Cola doesn't want to be associated with that um and these are some other examples they could be seen as parody but certainly the rose they can erode the distinctiveness of 7-Eleven and these are Pizza Hut or KFCs or McDonald's and then as I mentioned even if I have a body Mark and I couldn't force it it might be um uh times when I might not be able to enforce it because the user is under an exception and indication such as a parody or a descriptive use or a competitive advertisement and we are going to assess and analyze these defenses in details here you can see um there is an examples of a company that was printing bags called my other bag and using luxury bags but different not fake and Louis Vuitton try to sue them but the judges said that was a parody and same these were dog toys that were playing with words was with tuition uh chewy return dog magazine and these were also uh found to be um parodies uh trademarks will be um uh can be used in art uh in the defenses class four I'm going to ask you to watch this video it's a 20 minute SWAT more or less uh long video that has a lot of trademarks as a meaning is a criticism against their own companies but you can see as many trademarks um as possible and so the question is are these use um you know within my dilute the marks or unfairly or just it's just expression so you see this is this is complicated answer of course because it depends on the case uh and last in um in the the class five I want to talk about management of trademarks as I mentioned in the introduction and show you how brains today are often clustered in packages of brands that are then are owned by certain companies um this is for example an example of a big uh and multinational companies for the food and beverages industry um these are some useful resources for you uh particularly for this view or what to practice treatment Globe perhaps um these are very much legal sources so not business brain sources but I thought they might be useful if um you you perhaps are interested in to add more information um and with that again I thank you this concludes our um class number one and I look forward to seeing you soon for the second class and I wish you again an excellent rest of the day or good evening thank you again