MBA PROGRAM- SMART VILLAGE CAMPUS

INTERNATIONAL LAW
GROUP : 3I

TRADE MARK
Presentation by
Andrew Atef.. 21226710
Estishhad Badawi.. 21225351
Marwa Ibrahem.. 21225567
Mohamed Ahmed.. 21225503

International Law | 2023 Dr. Mohamed Badr

 CONTENT
01 Over view

02 Other intellectual property Rights

03 Types of Trade Marks

04 Trade Marks Symbols

International Law | 2023 Dr. Mohamed Badr

 TRADE MARK

A trademark is a word, symbol, sound, or phrase, used to identify a particular

manufacturer or seller's products and distinguish them from the products of
another.

Trademark owners are allowed a limited monopoly over the use of the
protected mark

International Law | 2023

 TRADE MARK

International Law | 2023

 WORLD INTELLECTUAL
P R O P E R T Y O R G A N I Z AT I O N

H I S TO RY
1883 - Paris Convention for the Protection of Industrial Property
The Paris Convention for the Protection of Industrial Property
was adopted in 1883 and was one of the first intellectual property
treaties.

1886 - Berne Convention for the Protection of Literary and Artistic Works 1970- WIPO
WIPO was formally created by the Convention Establishing the
it deals with copyright, the protection of works and rights of World Intellectual Property Organization.
authors and rights holders

1891 - Madrid Agreement Concerning the International Registration of Marks 1974 - WIPO joining the United Nations
In 1974 WIPO became a specialized agency of the United
the primary international system for facilitating the registration of Nations through a bilateral agreement between WIPO and the
trademarks in multiple jurisdictions around the world. United Nations.

International Law | 2023

 THE ADVANTAGES OF INTERNATIONAL
TRADEMARK REGISTRATION

special rights
builds trust and goodwill
differentiates products
recognition to product's quality creation of
assets
safety against infringement

International Law | 2023

 TRADEMARK REGISTRATION

provides legal protection and exclusive rights to use the trademark in connection with certain goods or
services, and can help prevent others from using the same or similar trademark without permission.

Trademark search Trademark application Examination Publication

Before filing a trademark application,
it's important to conduct a search to
determine whether the proposed
trademark is available for use and
registration, and to identify potential
conflicts with existing trademarks.
Once a search has been After the trademark application is it will be published in the official
conducted and the proposed filed, it will be examined by the trademark
trademark is deemed available,
trademark office to ensure that it
a trademark application can be
meets the requirements for
filed with the relevant
registration
trademark office.

If no oppositions are filed and the trademark application is approved, the trademark will be
registered and the trademark owner will have exclusive rights to use the trademark in connection
with the goods or services specified in the registration.

International Law | 2023

 TRADEMARK PROTECTION

Trademark protection is crucial for maintaining the value and integrity of a trademark, and for preventing
confusion or deception among consumers.

Trademark registration Common law rights Infringement actions Licensing agreements

Registering a trademark with the
relevant trademark office provides
legal protection and exclusive rights
to use the trademark in connection
with certain goods or services.
In some cases, a trademark can A trademark owner can take legal A trademark owner can enter into
acquire legal protection through action to prevent others from using licensing agreements with third
common law use, even if it is parties to allow them to use the
their trademark without permission.
not registered. Common law
Infringement actions can include trademark in exchange for royalties
protection is generally limited or other compensation.
cease and desist letters, oppositions,
to the geographic area where
cancellation actions, and litigation.
the trademark is used.

International Law | 2023

 ENFORCEMENT OF
TRADEMARKS
Enforcement of trademarks refers to the process of protecting and defending a trademark against unauthorized
use or infringement by others

Cease and desist letters Oppositions Cancellation actions Litigation

A trademark owner can send a letter
to the infringing party demanding that
they stop using the trademark and/or
engaging in infringing activities. This
can sometimes be enough to resolve
the issue without further legal action.
If an infringing trademark is
filed for registration, the
trademark owner can file an
opposition with the relevant
trademark office to prevent
registration of the infringing
mark.
If an infringing trademark is
already registered, the
trademark owner can file a
cancellation action with the
relevant trademark office to
have the registration cancelled.
If the infringement is particularly
serious or the infringing party does
not comply with a cease and desist
letter, the trademark owner may
need to pursue legal action to stop
the infringement and seek damages.

International Law | 2023

 TRADEMARK
INFRINGEMENT
The standards for trademark infringement
can also differ between countries. Some
countries may have stricter standards for
what constitutes infringement, while others
may be more lenient. In addition, the
penalties for infringement can also vary,
with some countries imposing significant
fines or even criminal charges

International Law | 2023

 TRADEMARK
INFRINGEMENT
Trademark infringement can also be a violation of law, and the trademark owner may be entitled to legal
remedie.

Injunctions Damages Account of profits Seizure and destruction of

A court can order the infringing party
to stop using the trademark and/or
engaging in infringing activities.
The trademark owner may be
entitled to monetary damages
for losses suffered as a result of
the infringement.
The trademark owner may be
entitled to the profits earned
by the infringing party as a
result of the infringement.
infringing goods
In some cases, a court may order the
seizure and destruction of goods that
are infringing on the trademark
owner's rights.

International Law | 2023

 OTHER INTELLECTUAL
PROPERTY RIGHTS
Intellectual property (IP) is
everywhere. It can be a piece of music,
a novel, an advertising slogan, a
formula, or an invention. The most
common categories of intellectual
property rights are trademarks,
copyrights, patents, and trade secrets.

International Law | 2023

 OTHER INTELLECTUAL
PROPERTY RIGHTS
Protects an original work fixed in a tangible
medium of experssion.

The fundamental aim of copyright law is to

establish a fair balance between the interests
of content creators, investors, and developers
and the public’s desire to access and use
creative work.

International Law | 2023

 OTHER INTELLECTUAL
PROPERTY RIGHTS
Patents are a monopoly privilege granted
by the government to an inventor.

An investor who receives a patent is entitled to

prevent others from creating, using, selling,
importing, or presenting their invention for
sale until the term is over.

International Law | 2023

 TREE TYPIES OF PATENT
UTILITY
are for inventions or
discoveries of new and
useful processes,
machines or
compositions of matter.
International Law | 2023
DESIGN PLANT
Granted for original and Granted for the
ornamental designs of invention and asexual
reproduction of any
functional items.
distinct and new
variety of plant.
 OTHER INTELLECTUAL
PROPERTY RIGHTS

is "financial, business, scientific,

technical, economic or engineering
information" that has been made
confidential due to independent
economic value.

International Law | 2023

 TYPES OF TRADE
MARKS

is a word, name, symbol or device Prevents confusion around

is the official or registered name
that identifies the source of services the origin, sponsorship or
under which a company or
in the marketplace, rather than a approval of the goods.
organization does business.
specific product.

International Law | 2023

 Trade Marks Symbols

A trademark is a sign capable of distinguishing the

Service marks are used to identify and distinguish Reserved Exclusively
goods or services of one enterprise from those of
the services of one individual or organization, is used to indicate that a
other enterprises. Trademarks are protected by
even a unique service, from those provided by trademark has been registered
intellectual property rights.
others. with the USPTO.

International Law | 2023

 PREREQUISITES MUST A MARK SATISFY IN
ORDER TO SERVE AS A TRADEMARK

In order to serve as a trademark, a

mark must be distinctive -- that is, it
must be capable of identifying the
source of a particular good. In
determining whether a mark is
distinctive, the courts group marks into
four categories, based on the
relationship between the mark and the
underlying product

International Law | 2023

 References

https://www.inta.org/fact-sheets/international-trademark-rights/

https://en.wikipedia.org/wiki/World_Intellectual_Property_Organization

https://www.wipo.int/madrid/en/

https://www.youtube.com/watch?v=-CMLhBhvX1U&t=114s

International Law | 2023

 THANK YOU

International Law | 2023