Doctrine Of Foreign Equivalents
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Doctrine Of Foreign Equivalents
:''This article discusses the trademark doctrine regarding translation of foreign words. For the patent doctrine regarding equivalent means to practice an invention, see Doctrine of equivalents.'' The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as trademarks, or confusingly similar with existing marks. The doctrine is intended to protect consumers within the United States from confusion or deception caused by the use of terms in different languages. In some cases, a party will use a word as a mark which is either generic or merely descriptive of the goods in a foreign language, or which shares the same meaning as an existing mark to speakers of that foreign language. Test applied The Trademark Manual of Examining Procedure ("TMEP") states the test for applying the doctrine of foreign equivalents is "whether, to those American buyers famili ...
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Doctrine Of Equivalents
The doctrine of equivalents is a legal rule in many (but not all) of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. U.S. Judge Learned Hand has described its purpose as being "to temper unsparing logic and prevent an infringer from stealing the benefit of the invention". Standards for determining equivalents Germany German courts typically apply a three-step test known as Schneidmesser's questions. These questions are: #Does the variant solve the problem underlying the invention with means that objectively have the same effect? #Would the person skilled in the art, using the common general knowledge, have realised at the priority date that the variant has the same effect? #Are the considerations which the skilled person takes into account for the variant in the light of the ...
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Trademark Trial And Appeal Board
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief. The TTAB decides ''ex parte'' appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit. Practices and procedures for litigating before the TTAB are governed by the Trademark Rules of Practice and the Federal Rules of Civil Procedure. The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is an important guide to practice before the TTAB. Judges of the TTAB The Administrative Trademark Judges of the Trademark T ...
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Chinese Language
Chinese (, especially when referring to written Chinese) is a group of languages spoken natively by the ethnic Han Chinese majority and many minority ethnic groups in Greater China. About 1.3 billion people (or approximately 16% of the world's population) speak a variety of Chinese as their first language. Chinese languages form the Sinitic branch of the Sino-Tibetan languages family. The spoken varieties of Chinese are usually considered by native speakers to be variants of a single language. However, their lack of mutual intelligibility means they are sometimes considered separate languages in a family. Investigation of the historical relationships among the varieties of Chinese is ongoing. Currently, most classifications posit 7 to 13 main regional groups based on phonetic developments from Middle Chinese, of which the most spoken by far is Mandarin (with about 800 million speakers, or 66%), followed by Min (75 million, e.g. Southern Min), Wu (74 million, e ...
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Vitasoy
Vitasoy () is a Hong Kong beverage company. It hosts a brand of beverages and desserts named ''Vita''. Founded in 1940, it now operates under the Vitasoy International Holdings Limited. Its headquarters are in Tuen Mun, New Territories, Hong Kong. Vitasoy products were centred on the high-protein soy milk drink that the company first produced. Over the years the company expanded into a wider variety of beverages. Some of them (such as fruit juice, milk, tea, soft drinks, water, and tofu) were given the derivative brand name "Vita". Vitaland Services Limited was founded in 1991. It specialises in the operation of the tuck shops in Hong Kong primary and secondary schools and the canteen business. "Vitasoy" also established "Hong Kong Gourmet" in 2001 to provide catering services to primary and secondary schools, and meetings. History Founder Vitasoy was founded by Dr. Lo Kwee-seong (1910–1995) on 9 March 1940 in Hong Kong with door-to-door delivery of soy milk, selected ...
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Green Spot (Thailand)
Vitamilk is a soy milk product produced by Thailand's Green Spot Co., Ltd. Vitamilk was introduced in 1958 as the first ready-to-drink soy milk brand in Thailand, and is now (as of 2019) second in market share at 27 percent, following the market leader Lactasoy at 55 percent. Green Spot Co., Ltd. was established by banker/entrepreneur Chin Sophonpanich Chin Sophonpanich ( th, ชิน โสภณพนิช; ; 10 November 1910 – 4 January 1988) was a Thai entrepreneur who founded Bangkok Bank and Bangkok Insurance. Biography Chin was born in Wat Sai quarter in Thonburi Province (curre ... in 1954 as the local bottler for the Green Spot brand of orange drink. The company's soy milk products now account for 95 percent of its revenue, 30 percent of which comes from exports, mainly to Asia and Africa. References Soy product brands Thai drink brands {{Thailand-company-stub ...
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Transliteration
Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus ''trans-'' + '' liter-'') in predictable ways, such as Greek → , Cyrillic → , Greek → the digraph , Armenian → or Latin → . For instance, for the Modern Greek term "", which is usually translated as " Hellenic Republic", the usual transliteration to Latin script is , and the name for Russia in Cyrillic script, "", is usually transliterated as . Transliteration is not primarily concerned with representing the sounds of the original but rather with representing the characters, ideally accurately and unambiguously. Thus, in the Greek above example, is transliterated though it is pronounced , is transliterated though pronounced , and is transliterated , though it is pronounced (exactly like ) and is not long. Transcription, conversely, seeks to capture sound rather than spelling; "" corresponds to in the International Phonetic Alphabet. While ...
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Ancient Greek
Ancient Greek includes the forms of the Greek language used in ancient Greece and the ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Dark Ages (), the Archaic period (), and the Classical period (). Ancient Greek was the language of Homer and of fifth-century Athenian historians, playwrights, and philosophers. It has contributed many words to English vocabulary and has been a standard subject of study in educational institutions of the Western world since the Renaissance. This article primarily contains information about the Epic and Classical periods of the language. From the Hellenistic period (), Ancient Greek was followed by Koine Greek, which is regarded as a separate historical stage, although its earliest form closely resembles Attic Greek and its latest form approaches Medieval Greek. There were several regional dialects of Ancient Greek, of which Attic Greek developed into Koi ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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