Those who have posted before are correct to say that trade mark rights and copyrights, whilst belonging under the general umbrella of intellectual property rights, are in fact relating to different rights and have different uses.
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Originally Posted by cry_baby_007 Apparently, he holds the trademark of cosplay. But just cosplay in general terms,or within a certain country?Could have been more specific. |
The trade mark registration that you have linked to is registered in Singapore. Trade mark rights are territorial in nature and that particular trade mark registration is only valid as far as Singapore is concerned.
Nevertheless, SCC Square could have applied for registrations in other jurisdictions. A preliminary check of the Trade Mark Registries in AU, UK, NZ, show that there is no application or registration for "cosplay" . There is a registration for "Cosplay Cafe" in Hong Kong, but in the name of another party. Likewise for US - some other guy registered a phrase containing the word "Cosplay" It appears that this guy's rights in the word "cosplay" only relates to Singapore.
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Originally Posted by iamacow In law,
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. |
To add on, you can probably use the word "cosplay" in respect of other goods and services that are not similar to the ones covered by the registration, unless the mark is "well known" (this would take another 3 pages to explain though).
However, the application was without phonetic equivalent, no translation, no otherstuff.
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Originally Posted by iama cow It means that if you use other forms and they can't stop you. for example, ko-su-pu-re (こすぷれ )or costume play. This is in direct reference to your title. If you choose to name your project The Masquerade, but it's actually a cosplay competition, they can't do anything about it even if it's widely recognised as another cosplay competition. For example, CosFest doesn't not infringe on anything. |
Not true. The test on whether marks are similar not only looks at the language, but also at phonetic and conceptual similarity. Your Ko-su-pu-re would be conceptually similar to Cosplay, and maybe slightly phonetically similar, especially if the relevant public knows what "Ko-su-pu-re" means.
As for CosFest, if you deal in exactly the same services as SCC Square's registration, there is a chance that you may be liable for infringement, if the court finds that "CosPlay" and "CosFest" are similar enough so as to bring about a likelihood of confusion.
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Originally Posted by hayami.wai i doubt cosplay is a trademark'ed word as "cosplay" is not a product/service provided by an individual or body. also, common words (dicitonary words) can't be trademarked as that would cause lots of trademark infringement in normal life. |
Hmm actually common dictionary words can be trademarked, so long as they are not descriptive of the goods and services that they are being registered for. the word "cosplay" has already been successfully registered by SCC Square, at least in Class 41.
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Originally Posted by hayami.wai just saw the link to ipos. i think the trademark'ed item refers to the mark. the word "cosplay" in that particular design. it is best to contact ipos. provide them with the trade mark number and ask them if there will be any legal implications if the word "cosplay" is used publicly. |
Unfortunately, IPOS will not entertain such requests, they will ask you to seek your own independent legal advice.
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Originally Posted by Destructos In actual fact, generic terms and numbers cannot be TradeMarked(TM)...
Take the case of Windows and a Linux distribution, Lindows. Microsoft tried to sue the creators and districutors of Lindows for the 'blatant' infringement of the 'Trade Marked' Windows OS... the court deemed the term "Windows" too generic and, therefore, threw Microsoft's case out the Window...
Same goes for numbers... That is why Intel decided to name their processors Pentium(from the term penta- which means 5, like pentagram etc...) after their 486 line of processors(from 286 to 386 to 486 and the planned 586, get it?) so that they can Trade Mark the name. Which makes it more difficult for 386, 486, Pentium clone manufacturers to use Intel's product line to advertise... |
As far as I am aware, you can trade mark numbers. three random digits and above are possibly allowed, assuming that there is no descriptive meaning accorded to the numbers in relation to the goods and services or some other reason which makes it devoid of distinctiveness.
As for "windows", it has been registered in Singapore by Microsoft Corporation for various services. A so called generic mark can be registered if there is sufficient evidence of use made of it such that the mark acquires distinctiveness.
Hope the above is useful.