Trademarks and Designs

• Author: Tobias Boeckh
• Pages: 81-95

81

5

Trademarks and Designs

Tobias Boeckh

The preceding chapters have been concerned with the Intellectual Property protec-

tion of the technical features of a product. Ideally, such protection encompasses

the product, its manufacture, and its uses. Non-technical aspects can also be of

great importance in protecting a commercial product. Foremost among these are

trademark and design protection.

Only in the most rare of cases are products sold on the market without a name.

On the contrary, a product frequently stands out by means of its skilful naming,

which makes it distinguishable from other products of the same nature. The

same applies to the design of a product. A lamp often does not differ from other

lamps in technical terms; the design of the lamp is, however, a distinctive criterion

which makes it distinguishable from other lamps. The name and the design of a

product are protectable property rights.

Furthermore, products and services of all kinds are sold by companies and the

designation of the company plays an important role in marketing and distinguish-

ing products. The aim of this chapter is to provide an overview of non-technical

protection rights, with particular focus on the protection of distinctive marks,

designations and designs.

5.1

Protection of Distinctive Marks

“Distinctive marks” include, in general

.the trademark,

.the name of an association, company, local authority or any other

person in law,

.the business designation (designation of a company, particular

descriptions of a business establishment, logo and titles of

works),

.geographical details of origin.