Please help me understand
Hello, teachers!
I need your help in understanding a text on an IT solution. This company is changing their product name.
<1>
>The background for this change is primarily based on a trademark infringement claim with the UK company XXX, who holds a so called combined and figurative mark for “XXX”. They do hold an old UK trademark from 1990, but which could also be subject to the common accepted principles and case-law applicable in all of EU related to distinctiveness, i.e. the word combination is regarded too common for being recognized as a “genuine badge of origin”.
1) Pink Part. What does "so called combined and figurative mark" mean?
By the way, the mark is this:
https://www.lascarelectronics.com/software/easylog-usb/
2) Blue part. What does "subject to" mean here?
Does "common accepted principle" mean that it is too common to be a trademark?
Does this mean the company XXX has a trademark in UK, but in the entire EU, it may not own the right because the product name is too common and there may be similar case laws?
<2>
>This (new name) should also disclaim any use of LogTunnel for video streaming or interconnecting remote networks in a traditional VPN fashion.
What does disclaim mean here?
Does it mean the new name (LogTunnel) describes that this product is not for video streaming or remote networking using traditional VPN?
Thank you!
Top answer
anonymous so called combined and figurative mark The mark (trademark) is a combination of a text string (name, slogan, motto) and a graphic (figurative). anonymous also be subject to covered by legal rulings or case law anonymous Does "common accepted principle" mean that it is too common to be a trademark? Yes.
- anonymous so called combined and figurative mark The mark (trademark) is a combination of a text string (name, slogan, motto) and a graphic (figurative).
- anonymous also be subject to covered by legal rulings or case law anonymous Does "common accepted principle" mean that it is too common to be a trademark?
- Yes.
- Common names cannot be trademarked.
- org/wiki/List_of_generic_and_genericized_trademarks anonymous Does it mean the new name (LogTunnel) describes that this product is not for video streaming or remote networking using traditional VPN?
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anonymousso called combined and figurative mark
The mark (trademark) is a combination of a text string (name, slogan, motto) and a graphic (figurative).
anonymous also be subject to
covered by legal rulings or case law
anonymousDoes "common accepted principle" mean that it is too common
0
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