1. Vivien Irish, WIPO and TPI, Istanbul January 2005 Marketing and Branding Strategies ( Trade Marks and Designs) Vivien Irish Consultant Patent Attorney

2. Vivien Irish, WIPO and TPI, Istanbul January 2005 Very early trademarks Egypt: Ramses II cartouche on a sun-dried mud and straw brick. Dynasty 19, 1279 – 1212 BC China: Ming bowl C. 1600 AD China: Shang dynasty mark, C1600 BC

3. Vivien Irish, WIPO and TPI, Istanbul January 2005 Later trademarks Edouard Manet: Un Bar au Folies Bergere, 1882

4. Vivien Irish, WIPO and TPI, Istanbul January 2005 Turkish Trade Mark Act 1995 and Community Trade Mark Act A Trade Mark means any sign which can be represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings

5. Vivien Irish, WIPO and TPI, Istanbul January 2005 Any sign capable of distinguishing … Eg: Invented word Xerox for photocopiers Kodak for cameras but NOT Safemix for valves to mix hot and cold and not Orlwoola a misspelling of all wool

6. Vivien Irish, WIPO and TPI, Istanbul January 2005 Any sign capable of distinguishing… Apple for computers Jaguar for automotives Eg: A word taken out of context

7. Vivien Irish, WIPO and TPI, Istanbul January 2005 Eg: A symbol or device" Any sign capable of distinguishing… Or both a word and a symbol….

8. Vivien Irish, WIPO and TPI, Istanbul January 2005 …the goods and services of one undertaking from those of other undertakings… Goods are divided into 34 classes. Services are divided into 8 classes. Penguin is registered for books, class 16, paper goods. Penguin is registered for biscuits, class 30, bakery products

9. Vivien Irish, WIPO and TPI, Istanbul January 2005 ….can be registered as a trademark… Trademarks are registered at national Trademark Offices, or internationally via the Madrid system, or for a region, eg: European Community. Can use a Trademark Attorney or Trademark Agent who is expert in the law of trademarks – optional but advisable.

10. Vivien Irish, WIPO and TPI, Istanbul January 2005 Cannot register a trade mark if:- it is devoid of distinctiveness it is identical or confusingly similar to an earlier mark for identical or confusingly similar products or services it is exclusively a sign used in the trade

11. Vivien Irish, WIPO and TPI, Istanbul January 2005 Indicating a Trademark Can use TM after the Mark If registered, can use R after the Mark

12. Vivien Irish, WIPO and TPI, Istanbul January 2005 Infringement of a registered trade mark Same sign on the same goods or services Same or similar sign on same goods or services or on goods or services so similar that there is a risk of confusing the public Infringement can be civil or criminal act

13. Vivien Irish, WIPO and TPI, Istanbul January 2005 Other types of Trademark I Collective Marks A Group applies to register the Mark and sets rules for its use Eg a mark used by 16 apple-growing cooperatives in Italy

14. Vivien Irish, WIPO and TPI, Istanbul January 2005 Other types of Trademark II Certification Marks In Turkey – Guarantee Marks Owner controls common characteristics and methods of production Woolmark used by manufacturers of pure new wool products in 67 countries

15. Vivien Irish, WIPO and TPI, Istanbul January 2005 Other types of Trademark III Geographical Marks or Appellations of Origin Name of place, area or region Used to designate quality or character of product due to inherent natural and human factors of the place Eg labels on wine bottles

16. Vivien Irish, WIPO and TPI, Istanbul January 2005 Industrial Designs Turkish Industrial Designs Law 1995 Community Registered Designs

17. Vivien Irish, WIPO and TPI, Istanbul January 2005 Registered Designs –typical products

18. Vivien Irish, WIPO and TPI, Istanbul January 2005 Appearance of the whole or part of a product resulting from features of, in particular, the lines, contour, shape, texture and/or materials of the product itself and/or its ornamentation Product = industrial or handicraft item including….. packaging, get-up, graphic symbols

19. Vivien Irish, WIPO and TPI, Istanbul January 2005 A design must:- be new – but 1year grace period have an individual character

20. Vivien Irish, WIPO and TPI, Istanbul January 2005 Cannot register a design for features of appearance dictated solely by technical function for features which allow a product to fit to another product

21. Vivien Irish, WIPO and TPI, Istanbul January 2005 How to register a design I Apply to Designs Registry - in Turkey for a Turkish Registration - in Alicante in Spain for a Community Registration (through the Turkish Design Registry)

22. Vivien Irish, WIPO and TPI, Istanbul January 2005 How to register a design II Provide an illustration of the product from several angles Pay a fee Can use a patent attorney

23. Vivien Irish, WIPO and TPI, Istanbul January 2005 Advantages of a design registration Can last for 5 X 5 = 25 years - if renewal fees are paid Can stop use of same design on any product including making, offering, importing, exporting, putting on the market Visual test – compare registration with the offending article

24. Vivien Irish, WIPO and TPI, Istanbul January 2005 Community Unregistered Design Lasts for 3 years For tangible three-dimensional articles Must be not commonplace Infringed by copying

25. Vivien Irish, WIPO and TPI, Istanbul January 2005 The end T hank you for listening