Part 3 Chapter 3

Question 1

What is a trademark

Answer 1

A sign used to identify and distinguish the goods or services of a company from goods or services of another.

Question 2

Types of trademarks

Answer 2

1. Verbal: Composed exclusively of words, leters, numbers or other standard characters
2. Figurative: It is composed exclusively of imags or drawings.
3. Figurative with verbal elements: Contains a combination of images or drawing with words, letters, numbers or other standard characters
4. 3D shapes: Consists in a shape, including containers, packaging or the product itself. It can be combined with other verbal or figurative elements.
5. Sound: Composed exclusively of a sounds or a combination of sounds.
6. Multimedia: It consists of images and sound.
7. Colour: It is composed exclusively of a single colour or a combination of colours (without contours)
8. Pattern: It consists exclusively of a set of elements which are repeated regularly.
9. Position: It consists of a movement or a change in the position of the elements of the trademark.
10. Motion: It consists of a movement or a change in the position of the elements of the trademark.
11. Hologram: It is composed of elements with holographic characteristics.
12. Other type of trademark: If it is not comprised by any of the above-mentioned types of trademarks, its representation must allow to determine, in a clear and precise way, the object of the protection conferred to the holder and include a description.

Question 3

What is a patent

Answer 3

An exclusive right that one obtains over inventions. In this context, it is important to explain that an invention is a technical solution to solve a specific technical problem.
An agreement between the state and person making the request. It gives the holder exclusive right to produce and commercialize an invention, in exchange for its public disclosure

Question 4

What sort of patents are not able to be protected?

Answer 4

Inventions involving biological material, or chemical or pharmaceutical substances or processes.

Question 5

Patent protection using utility model

Answer 5

The holder of the patent shall have exclusive right allowing him the right to prevent third parties, without his consent, from making the subject-matter of the patent, to apply the protected means or processes, or to import or exploit the protected goods or processes without proper authorisation.

Question 6

What is a design?

Answer 6

The set of all characteristics that define the appearance of the whole or part of a product.

Question 7

What are the qualifies as part of the design

Answer 7

Includes:
1. Lines
2. Contours
3. Colors
4. Shapes
5. Textures
6. Materials
7 Other peculiarities of the product itself and its ornamentation

Question 8

What is a geographical indication

Answer 8

A sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

Question 9

Why are geographical indicators a thing?

Answer 9

Qualities, characteristics or reputation of the product should be essentially due to the place of origin, since qualities depend on the geographical place of production. There is a link between the product and its original place of production.

Question 10

What is appellations of origin

Answer 10

Special type of geographical indication generally consisting of a geographical name or a traditional designation used on products which have a specific quality or characteristics that are essentially due to the geographical environment in which they are produced