inarbetning
| 11:48 Sep 6, 2016 |
| Swedish to English translations [PRO] Law/Patents - Law: Patents, Trademarks, Copyright | |||||||
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| 4 | establishing |
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| 4 | established/existing use |
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| 3 | acquiring distinctiveness |
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| Some possibly useful links |
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Answers
37 mins confidence: 
establishing Explanation: Or bedding-in. |
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49 mins confidence:
established/existing use Explanation: Documented use would also work |
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3 days 23 hrs confidence:
acquiring distinctiveness Explanation: Or similar wording. It appears that a trade mark can be achieved if it has "acquired distinctiveness" through use. https://en.wikipedia.org/wiki/United_Kingdom_trade_mark_law |
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Reference comments
4 hrs |
| Reference: Some possibly useful links Reference information: See references in these Swedish and English texts to inarbetning, established by usage, establishment by usage, establishment by use, established use, etc.: Ensamrätt till ett varumärke kan uppnås genom registrering eller genom inarbetning. An exclusive right to a trademark can be acquired by registration or establishment by usage. http://www.riksdagen.se/sv/dokument-lagar/dokument/statens-o... See also: Proposal for a New Swedish Trademark Act However, the binding provisions of the directive apply only to registered trademarks and not to trademarks that are protected because the holder has used them in such a way that they are established on the market by usage. The committee considers that trademarks established by usage should enjoy the same protection as registered trademarks. In the draft act trademarks established by usage have the same status as registered trademarks as far as possible. http://www.internationallawoffice.com/Newsletters/Intellectu... And finally: Degeneration of Trade Marks: A Comparative Study of the Effects of Use on Trade Mark Distinctiveness The opposite of degeneration is the process whereby a trade mark becomes more firmly established on the market, i.e. becomes increasingly known as a designation individualizing goods or a specific product from a certain business, acquires secondary (distinctive) meaning. The German expression is Verkehrsgeltung or Durchsetzung im Verkehr and the corresponding verb is (sich) durchsetzen. The equivalent Swedish noun is inarbetning (literally, approximately, "working up") and the verb is inarbeta. Equivalent expressions are used in the other Nordic countries. The Nordic noun denotes both the activity of using the trade mark in such a way as to establish it on the market and the result of that activity, i.e. acquired distinctiveness. There is a difficulty of a linguistic kind which is due to the fact that the terminology in English is less equivocal than its equivalents in the Nordic languages. The Swedish noun inarbetning is rather blurred to most people. When used in trade mark jurisprudence it is a terminus technicus, a term of art, of a clear and sharply defined denotation, but to the general public the word may imply any wide knowledge of a fact, a word, or a symbol, irrespective of its distinctiveness. As will be shown chiefly in Chapter 3 infra, the result of the use making the trade mark well-known is very often mixed up with the result of degenerative use of the mark. These two kinds of use and their results are however entirely different. https://books.google.co.uk/books?id=1gQTAQAAIAAJ&q="Verkehrs... |
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