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1 SECURING BRAND PROTECTION FOR FAIR TRADE MAY 25, 2015.

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Presentation on theme: "1 SECURING BRAND PROTECTION FOR FAIR TRADE MAY 25, 2015."— Presentation transcript:

1 1 SECURING BRAND PROTECTION FOR FAIR TRADE MAY 25, 2015

2 2 WHO ARE WE? WWW.MARCHIEDISEGNI.EU

3 3 FAIR TRADE IS TRADE SO TRADE MARKS ARE VITAL IN ORDER TO PROTECT PRODUCTS/SERVICES QUALITIES REPUTATION SOURCE OF ORIGIN

4 4 WHAT’S A TRADE MARK IN LEGAL TERMS A Trade Mark is a sign (capable of being graphically represented) and aimed to distinguish goods and service

5 5 PROTECTION DEPENDS BY DISTINCTIVENESS AND NOVELTY (above all) Not misleading Not contrary to public order In good faith

6 6 KINDS OF SIGNS WORDS DRAWINGS SHAPES COLORS SOUNDS SMELLS?

7 KINDS OF TRADE MARKS INDIVIDUAL TRADE MARKS: distinguish the source of origin (the majority of trade marks) COLLECTIVE TRADE MARKS: distinguish an association CERTIFICATION MARKS: distinguish the qualities of certain products or services

8 KINDS OF TRADE MARKS HIGH REPUTED TRADE MARKS: protected also against not similar goods and/or services WELL KNOWN TRADE MARKS: protected also abroad ORDINARY KNOWS MARKS: protected only against similar/identical signs for similar/identical goods and/or services

9 KINDS OF TRADE MARKS REGISTERED TRADE MARKS: PROTECTION DEPENDS BY THE COUNTRY WHERE THE TRADE MARK WAS FILED / REGISTERED UNREGISTERED TRADE MARKS: PROTECTION DEPENDS BY THE COUNTRY WHERE THE TRADE MARK WAS USED (SOME COUNTRIES PROTECT UNREGISTERED TRADE MARKS SOME OTHER NO)

10 REGISTRATION PROCEDURES NATIONAL TRADE MARKS: E.G. ITALY, GERMANY, CHINA, BENELUX…every country has its own system for for registering and managing marks. COMMUNITY (EU) TRADE MARKS: An unitary system for registering and managing marks for the entire EU territory: https://oami.europa.eu/ INTERNATIONAL TRADE MARKS: a one stop solution for registering and managing marks in about 96 countries http://www.wipo.int/madrid/en/members/ http://www.wipo.int/madrid/en/members/ OTHER REGIONAL SYSTEMS SUCH AS OAPI: http://www.oapi.int/

11 TRADE MARK IN FAIR TRADE Could be… INDIVIDUAL / COLLECTIVE / CERTIFICATION MARKS NATIONAL / COMMUNITY / INTERNATIONAL REGISTERED / UNREGISTERED REPUTED / UNREPUTED

12 TRADE MARK IN FAIR TRADE CASE HISTORY OF WFTO LOGO

13 13 Consorzio Camerale per il credito e la finanza Via Meravigli 9/b 20123 Milano Tel: 02 8515 4264 E-mail: marchiedisegni@gmail.com www.marchiedisegni.eu

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