Your assignment is to prepare and submit a paper on define and explain the provisions of trademark law. describe some of the challenges that the web and web applications pose for trademark. provide and discuss relevant examples of how these challenges have been addressed either by amendments to trademark. Furthermore, it will discuss that how laws and provisions have played their part in addressing these issues.
Every country has set its own trademark laws according to the standards of the country and their chain of command. These laws are made to ensure proper protection to the trademark rights nationally and internationally. A trademark plays a key role for trade purpose as customers identify any product or service through its trademark and thus, recognize the source. This has a key part for influencing trade nationally and internationally (Dinwoodie and Janis).
To protect and ensure trademark rights and to avoid trademark infringement, trademark laws are made. Every country has slightly different trademark laws. However, the trademark laws practiced in United States and Canada falls under the Common law (USPTO.gov). The Canadian trademark law is designed to ensure protection under the Trademarks Act, which is also known as Common Law. There are a few provisions / postulates of the Canadian trademark law which help brands, organizations, individuals or enterprises to understand the law briefly. According to the Canadian law, getting registered trademark under the Trademark Act can either protect a mark, or it can also be protected under the common laws action (Dinwoodie and Janis).
The Act defines the scope of trademark as a certification mark or a distinguishing guise (Certification marks helps in classifying the nature of a good or service, a distinguishing guise can be registered only if it is not likely unreasonably to limit the development of any art of industry.
The Act does not protect utilitarian features of a distinguishing guise. “The trademark law is not intended to prevent the competitive use of utilitarian features of products, but that it fulfills a source-distinguishing function” (Ladas).
The overall nature of the network has transformed gradually.