Nomenclature, classification & codification

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off.

It should be noted that trademark rights generally arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections.

Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). The idea of this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.

Exercise 2. Match the terms with their definitions.

1. trademark	a. work, or the doing of work, for another or for a community; provision or supplying of a public need
2. goods	b. justification or fair claim; legal or moral entitlement; authority to act
3. services	c. emblem of an organization used in its display material etc.
4. consumer	d. the process of keeping (something or someone) safe
5. owner	e. that which is produced, then traded, bought or sold, then finally consumed and consists of an action or work
6. logo	f. any product of someone's intellect that has commercial value, especially copyrighted material, patents, and trademarks
7. design	g. that which is produced, then traded, bought or sold, then finally consumed
8. intellectual property	h. preliminary plan or sketch for making something; art of producing these; plan, purpose, or intention; arrangement or layout of a product; established version of a product
9. right	i. distinguishing sign to identify uniquely the source of products or services
10.protection	j. purchaser of goods or services

Exercise 3. Study the following commonly confused words:

Are you clear about the difference between the words effect and affect?

effect: the consequence or result of an action

EXAMPLE: The moon has an effect on the tides.

affect: to influence or produce an effect upon

EXAMPLE: Bright lights affect the eyes.

Write affect or effect to complete each sentence.

1. The store owner hoped his advertisement would have a good … on sales.

2. Our assignment was to write a paragraph about one cause and one … of world hunger.

3. Why should you allow her bad mood to … the way you feel?

4. If he studies a little harder, he can … a big change in his grades.

5. Nature begins from causes, and thence descends to … .

6. A law was made but it had little … .

Exercise 4. Make up sentences.

1. that/ is used/ the products or services/ a distinctive sign/ a trademark/ originate from/ to identify/ a unique source

2. a range of / also/ trademarks/ is/ there/ non-conventional

3. be called/ a service mark/ particularly/ trademark/ sometimes/ the United States/ may/ in

4. the government/ trademarks/ registering/ involve/ with

5. the commercial source of/ exclusively/ products or services/ the essential function/ is/ of a trademark/ to identify