mercantile T6

Collective trademarks

Are signs capable of guaranteeing the characteristics of the goods or services for which they are certified

Are signs capable of distinguishing the goods or services of the one individual undertaking

Are signs owned by two or more individuals

Are signs capable of distinguishing the goods or services of the members of the association

Relative registration prohibitions for trademarks prevent registration of:

Signs devoid of any distinctive character

Signs which are contrary to law, public policy or to accepted principles of morality

Signs which could be in conflict with prior trademarks

Signs which consist of, or reproduce in their essential elements, an earlier registered plant variety denomination

A trade name is a sing distinguishing:

One undertaking on the course of trade from other undertakings developing identical or similar activities

The international classification of products

Products of one undertaking from other undertaking developing identical or similar activities

Business premises from others engaging in identical or similar activities

Protected geographical indications and designations of origin.

Distinguish a category of products because of their characteristics and their geographical origin

Distinguish a category of products because of their technical innovations in the course of trade

Distinguish a category of products only because of their geographical origin

Distinguish a category of products only because of their quality or characteristics

A trademark license:

Can only be done with a register trademark

Consist of the transfer of the trademark to another owner

Shall be understood to be non-exclusive unless otherwise agreed by the parties

Has no registration requirements

In order to be registered, a patent needs to be registered, a patent needs to fulfil the following requirements:

To demonstrate distinctives and novelty

To be new, secret and involve an inventive step

To demonstrate novelty, an inventive step and industrial application

To involve an inventive step and be susceptible to industrial application

Utility models are registered:

For un unlimited period of time

For a limited time period of 20 yr

For a limited time period of 10 yr

For a limited time period of 5 yr

If an employee has developed an invention, the related patent rights:

Always belong to the employer

May belong to the employer if the invention has been developed in the execution of the employment contract

Always belong to the employee if the invention is directly connected to his employment contract

Always belong to the employee

For industrial designs to be protected:

They need to be original and have individual character

They need to be new and have individual character

They need to be new and have technical function

They need to have individual character and distinctiveness

Trade secrets requirements are:

To be registered, secret, and involve industrial application

To be secret, have an actual or potential commercial value and be subject to reasonable steps to keep them secret

To be secret, new and have an actual and verifiable commercial value due to their secrecy

Only secret in the sense that they are not, as a body or in the precise configuration and assembly of their components, generally known among or readily accessible to persons within the circles that normally deal with that kind of information