PDFs for download:






















Sistema de Construção de Distintividade da Marca Tridimensional
Elaine Ribeiro do Prado

Abstracts:
Legal requirement for building up distinctiveness needed to the
tridimensional trademark protection. Hints for adoption of strategy measures effective and
sufficient to indicate the source of the product. Test Grids for evaluating distinctiveness and
compliance with legal requirements for tridimensional trademark protection.

Keywords:
tridimensional trademark – trademark distinctiveness – secondary meaning – intellectual property

Summar:
I. Introduction;
II. Tridimentional trademark and trade dress;
III. Registation as a tridimentional trademark without distintiveness verification;
IV. Requirements for distinctiveness acquisition;
V. Criteria for the distinctiveness acquisition as an indication of the product´s origin;
VI. TRUE/FALSE Test proposition;
VII. Distinctiveness acquisition Protection;
VIII. Conclusion;
IX. Attachment;
X. References.

































Propriedade Intelectual
Elaine Ribeiro do Prado e Patrícia Porto

"This chapter is being written in a Vaio computer manufactured by Sony Corporation, whose technology is protected, in the US, by five patents using a Microsoft Word program, of Microsoft Corporation. According to the equipment itself, we can read that in the machine there is an Intel Centrino Core 2 Duo chip.

The world of today is an island filled by intellectual property all around. Vaio, Microsoft, Sony and Centrino are trademarks (Microsoft Corporation and Sony Corporation are, also, tradenames). The computer program Microsoft Word is protected, in almost all countries. American patents correspond to others, Japonese, Brazilian, etc. in a national family that covers the entire earth. The chip is protected by a specific registration, that prohibits the copy by any pirate. The beautiful computer design is certainly protected b y due registration.

Oh, the coffee that the author is sipping is from the Plant variety Araponga MG1, registered as na exclusive property # 886  and this text, for all due notice purposes, is protected by copyright and droits d´auteur from Andorra until Zâmbia.

Intellectual property is not only of its essence for Microsoft and Sony. If the tradename is not protected exclusivity, you would end up paying bills for another entrepreneur that would wish to use the same name.

If  the products you manufacture do not have a trademark registered, you may be giving away your client for free, and spending in publicity to benefit from anyone that copies the trademark. To be quite objective: whomever does not protect his intellectual property is working for free for the more clever ones.

No one is obliged to protect his trademarks and creations. Patents and trademark is not a driver’s license, that you must carry along so not to be apprehended by the Police. If you do not mind having your company’s image, your technical creations or expressions copied by your neighbors, making everyone richer with their work, you can stop here. Other chapters might be more useful to you."