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    Utility Model - QUIZ in LAW

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    Kuruko Tetsuya

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    Utility Model - QUIZ in LAW

    Uploaded by

    Kuruko Tetsuya
    44 views4 pages

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    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    44 views4 pages

    Utility Model - QUIZ in LAW

    Uploaded by

    Kuruko Tetsuya

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    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.

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