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Africa IP highlights 2023: Trade marks

The IPKat

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks.

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IP as a political instrument in Russia

The IPKat

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

IP 132
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Marketing and IPR

IP and Legal Filings

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A company’s brand on the other hand only exists intangibly, in the minds of the public. This resulted in the creation of brand names and, eventually, trademark protection for brands.

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Types Of Trademarks And Its Importance

IP and Legal Filings

A trademark works as an instrument to claim any sort of mark as your own. These include wordmarks, service marks, certification marks, and many more. Service Mark- Under the definition of a trademark section 2 (zb), a service is used to identify the source of service provided by a service company.

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The Failure-to-Function Doctrine

IP and Legal Filings

Typically, the marks that are informative or descriptive of the product, or those which convey a message that is commonly used, or is generally used to express religious, political or social views, etc, may face rejection based on failure to function. Marks consisting of designs or patterns may also be rejected as a failure to function.

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Trademark and Its Regulations

IP and Legal Filings

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. In case one wishes to register their brand under The Trademarks Act 1999, they need to meet certain canons.

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Domain Name Dispute Settlement

Kashishipr

In the internet era, domain names are increasingly becoming a crucial conveyance of brand messages and brand image. 1) Identical to or confusingly similar : The domain that is in question must be identical to or confusingly similar to a name, trademark, or service mark in which you have rights. The Process.