Glossary entry (derived from question below)
Finnish term or phrase:
estemerkki
English translation:
obstacle, bar
Added to glossary by
Desmond O'Rourke
Sep 11, 2011 12:03
12 yrs ago
1 viewer *
Finnish term
estemerkki
Finnish to English
Law/Patents
Law (general)
Trademarks
Is this a trademark that obstructs the registration of another mark?
If so, what is that in English I wonder?
thanks in advance
If so, what is that in English I wonder?
thanks in advance
Proposed translations
(English)
4 | obstacle, bar | Desmond O'Rourke |
3 | obstruct or obstruction mark | Hannele Marttila |
4 -1 | entry barrier | Arja Whiteside (X) |
Change log
Sep 13, 2011 12:28: Desmond O'Rourke Created KOG entry
Proposed translations
9 hrs
Selected
obstacle, bar
Merkki = trademark or sign. An existing patent (estemerkki) is a bar or obstacle to a trademark.
Cf. Juha Maalismaa, Teknisoikeudellinen termistö, TKK Dipoli (1996)
Cf. Juha Maalismaa, Teknisoikeudellinen termistö, TKK Dipoli (1996)
4 KudoZ points awarded for this answer.
Comment: "Yes, this is what I found later - thanks to the others"
20 mins
obstruct or obstruction mark
The Finnish/English Commercial and Technical dictionary gives "Obstruct mark", but I can't find that term in English dictionaries.
I think you're about right - this term is used in connection with Trademark etc applications, the name already having other commercial mark, such as copyright etc which "obstructs" the application.
I think you're about right - this term is used in connection with Trademark etc applications, the name already having other commercial mark, such as copyright etc which "obstructs" the application.
Example sentence:
Hakemuksia hylätään myös sen takia, että markkinoilta löytyy joku estemerkki: Hakijan merkki ei saa olla sekoitettavissa kilpailijan tavaramerkkiin tai ...
-1
16 hrs
entry barrier
hindrance to entering market a perceived or real obstacle preventing a competitor from entering a market
Potential entrant requires access to equally efficient production technology as the combatant monopolist in order to freely enter a market. Patents give a firm the legal right to stop other firms producing a product for a given period of time, and so restrict entry into a market. Patents are intended to encourage invention and technological progress by offering this financial incentive. Similarly, trademarks and servicemarks may represent a kind of entry barrier for a particular product or service if the market is dominated by one or a few well-known names.
(Barriers to Entry)
Potential entrant requires access to equally efficient production technology as the combatant monopolist in order to freely enter a market. Patents give a firm the legal right to stop other firms producing a product for a given period of time, and so restrict entry into a market. Patents are intended to encourage invention and technological progress by offering this financial incentive. Similarly, trademarks and servicemarks may represent a kind of entry barrier for a particular product or service if the market is dominated by one or a few well-known names.
(Barriers to Entry)
Peer comment(s):
disagree |
Hannele Marttila
: barriers to entry is a much wider term - any obstacle for entering a market, e.g. high initial investment costs etc.
7 hrs
|
entry barrier can be both!!! on the other hand obstruction marker is widely used in navigation referring to a marker indicating the presence of an obstruction.
|
Discussion
Trade marks are words, logos, devices or other distinctive features which can be represented graphically. They can consist of, for example, the shape of goods, their packaging, sounds and smells.
Why register your trade mark?
A trade mark has three essential functions:
it identifies the origin of goods and services
it guarantees consistent quality by showing an organisation's commitment to its users and consumers
it is a form of communication, a basis for publicity and advertising.
Trade mark registration is one of the strongest ways to defend a brand; a way to ensure that no one else uses it. If you do not register your trade mark, others may do so and acquire your rights to distinguish their goods and services.
Trade marks influence consumer decisions every day. A strong trade mark creates an identity, builds trust, distinguishes you from the competition, and makes communication between seller and buyer simpler. Because so much money and time is often invested in a trade mark, it is worth paying something to protect it from misuse.
In law, a good is any kind of item which may be traded. A service is the provision of activities in accordance with human demands.
What is the difference between a trade mark and other industrial property rights such as patents and designs?
All industrial property rights are intended to protect the creativity of businesses and individuals. However, they do not cover the same aspects.
A trade mark identifies the origin of goods and services of one undertaking so as to differentiate them from those of its competitors.
A design covers the appearance of a product. A design cannot protect the function of a product.
A patent covers the function, operation or construction of an invention. To be patentable, a function must be innovative, have an industrial application and be described in such a way as to permit reproduction of the process.
Source OHIM