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8.1.3 What does the identity of a trademark mean?

The identity of a trademark means that in order to comply with the goods or their packaging, container design or operation, a trademark right holder, while actually using the trademark, labels the trademark in a manner that is not exactly the same as the registered one, such as a slight change made to the colors or typeface, but the commercial impression formed by such trademark in use is still deemed identical to the impression conveyed by the registered one according to general concepts prevailing in the society. This is still deemed a use of the registered trademark. (§64, Trademark Act)

  • Publish Date : 2008-04-23
  • Update : 2020-12-07
  • Organization : International Legal Affairs Office
  • Visitors : 1058

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