Other Intellectual Property Laws Applicable to IT Components: Application of Trademarks to IT Components
| Autor | Prof. Dr. Isabel Hernando |
| Cargo del Autor | Other Intellectual Property Laws Applicable to IT Components: Application of Trademarks to IT Components |
Application of Trademarks to IT Components.
Trademarks can provide another basic form of protection for IT products and services. When applied to the IT sector, a trademark is the distinctive sign that differentiates the IT products or services of one manufacturer or a group of manufacturers from those of another manufacturer or group, designating their origin and associated quality for consumers. Trademarks is an indicator of source and an important bearer of 'goodwill' for the producers of the products concerned.
The trademarks applicable to the different IT components may be national, international or communitarian, governed by national laws that are territorial in nature, by international treaties[24] as well as by Community Regulations[25].
In the majority of cases, the trademark is subject to the requirement of registration under a priority system, regardless of its creator or inventor and without protecting its use beyond the registration. The traditionally accepted trademarks are denominative, graphical and mixed, consisting of words, lines, drawings or a combination of both (phrases, names, images, forms, symbols, numbers, three-dimensional forms, wrappings, packings, colors, slogans). In some countries, trademarks are being used with computer graphics and on user interfaces.
The registered trademark confers upon its owner, during an unlimited period of time (subject to renewal) , the exclusive right to its use in commercial trade and to commence actions (civil and criminal) against unauthorized third parties who use the trademark commercially to identify products or services which are identical or similar to those of the trademark owner, and such similarity is likely to lead to consumer confusion.
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Classification of Trademarks for IT Components
When choosing a trademark for IT components, the same requirements and considerations as in other sectors are involved.
Generally, under trademark laws: generic signs or indications; descriptive marks; and those that exclusively designate class, quality, quantity, value, or geographical origin, the time of production or other characteristics of the wares or service are not registrable trademarks. Registration is allowed, however, in cases where the mark is creative or has no meaning (for example, invented or 'coined' words) , and in the case of suggestive marks (words related to the goods/product or service that avoid direct description) and arbitrary marks (words with a meaning, but without any relation to the goods/product or service).
Once a mark has been chosen, one must register the mark with the appropriate Trademarks Registry, incorporating in its description, the IT goods/products or services with which it will be associated using the international classification system ('IC').
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Classification of...
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