Name: Reyna Rin Maitem Course & Section: BSA 2-B

Quiz- sections 107-126

1. Give an example of a utility model and discuss whether or not it can

be registered taking into consideration the requirements for registration of
utility models.

Answer:

In some countries, utility models can be applied for in the same

fields of technologies as patents. In other countries, utility model
protection is eligible only for the shape or structure of products in
certain fields of technology, such as mechanical devices and
apparatus, but not for technical, chemical and biological processes.
Eligible subject matter for utility models varies significantly from one
country to another.

For example, the ball pen is an existing invention but you

observe that when exposed to air the quality of ink decreases so you
have come up with the cover and that cover is the utility model - a
development to an existing invention, or in a pencil you have created
the eraser and that is also an improvement or part of the same
invention.

2. Give an example of an industrial design and discuss whether or not it

can be registered taking into consideration the requirements for registration
of industrial designs.

Answer:
 One example of industrial design is Handicraft items. In most
countries, an industrial design needs to be registered in order to be
protected under industrial design law as a “registered design”. In
some countries, industrial designs are protected under patent law as
“design patents ”. Industrial design laws in some countries grant –
without registration – time- and scope limited protection to so-called
“unregistered industrial designs”. Depending on the particular
national law and the kind of design, industrial designs may also be
protected as works of art under copyright law. Therefore, handicraft
items can be registered taking into consideration the requirements for
registration of industrial designs.

3. What is the period of protection of a duly registered industrial design?

Answer:

The registration for an industrial design is for a period of 5 years

from the filing date of the application. The registration of an industrial
design may be renewed for not more than two (2) consecutive periods
of five (5) years each by paying a renewal fee.

4. What are the functions of trademarks?

Answer:

A trademark protects a business' brand identity in the

marketplace. Registration of it gives the owner the exclusive rights to
prevent others from using or exploiting the mark in any way. The main
function of a trade mark is to enable customers to recognise the
goods or services as originating from a particular trader.
5. How does one acquire a trademark and claim exclusive ownership
thereof?

Answer:

Assuming that a trademark qualifies for protection, rights to a

trademark can be acquired in one of two ways: (1) by being the first to
use the mark in commerce; or (2) by being the first to register the
mark with the U.S. Patent and Trademark Office ("PTO").

The owner of a registered mark has the exclusive right to

prevent all third parties from using marks that are identical or
confusingly similar to its own, with respect to the same or similar
goods or services for which its mark has been registered. A certificate
of registration of a mark is prima facie evidence of:

● the validity of the registration;

● the registrant’s ownership of the mark; and
● the registrant’s exclusive right to use the mark in connection
with the goods and services listed and those related thereto.

In the case of an identical sign for identical goods or services, a

likelihood of confusion is presumed. Only a registered trademark
owner may claim trademark infringement against an identical or
confusingly similar mark.