AS BARRIER TO A Andreas Popper

Transcription

1 AS BARRIER TO A

2 ... units of measurement for confusing similarity SOUND tonal similarity of marks APPEARANCE visual similarity of marks CONCEPT conceptual similarity of marks CLAIMED SCOPE OF PROTECTION goods & services claimed for the mark

3 ... phonetic scope of language defines sound of trademarks PHONETIC SCOPE SOUND tonal similarity of marks APPEARANCE visual similarity of marks CONCEPT conceptual similarity of marks CLAIMED SCOPE OF PROTECTION goods & services claimed for the mark

4 ... writing in use defines apearance of trademarks PHONETIC SCOPE WRITING IN USE SOUND tonal similarity of marks APPEARANCE visual similarity of marks CONCEPT conceptual similarity of marks CLAIMED SCOPE OF PROTECTION goods & services claimed for the mark

5 ... phonetic scope and writing influence concept of trademarks PHONETIC SCOPE PHONETIC SCOPE + SOUND tonal similarity of marks APPEARANCE visual similarity of marks CONCEPT conceptual similarity of marks CLAIMED SCOPE OF PROTECTION goods & services claimed for the mark

6 ... different ways of writing writing aphabets syllabaries pictorial

7 ... linking of letters and meaning by sound meaning meaning sound sound

8 ... linking of pictures and meaning without sound meaning meaning sound sound

9 ... gap in the correspondence between the number of letters and number of sounds KANA SYLLABARY - no. of sounds abt no. of syllabary 48+ k + a カ k + i キ k + u ク k + e ケ k + o コ ENGLISH ALPHABET - no. sounds abt no. of letters - 26 a - laugh - ɑː - layman - eɪ - latitude - æ

10 ... the archaic Latin alphabet had only 20 letters, and is now being used all around the world

11 Perfect Writing Imperfect Writing limitation of sounds inflexibility of users limitation of soundcombinations insufficient letters flexibility in reading freedom of sound combinations Japanese Kana Korean Hangul Chinese characters Latin alphabet 23 letters

12 ... linking of letters and meaning by sound MANAGER manager manager

13 ... linking of letters and meaning without sound manager Geschäfts -führer

14 ... by counting the number of sounds vowels and consonants, intonations n a i u e o ん あ い う え お k g か き く け こ s sh z j さ し す せ そ t ch ts dz た ち つ て と n な に ぬ ね の h b p は ひ ふ へ ほ m ま み む め も y や ゆ よ r ら り る れ ろ w わ を 24

15 ... by evaluating the capabilities of the writing number of letters is equal to or exceeds the number of sounds writing covers the full phonetic scope of the language writing does not allow for importing of new sounds into the language (as not necessary) writing does not require any flexibility of the user writing provides information to the origin of words.

16 number of sounds x perfection of writing = Language ID

17 ... comparison of Language IDs LANGUAGE 1 phonetic scope x perfection of writing = Language ID 1 LANGUAGE 2 phonetic scope x perfection of writing = Language ID 2 Language ID 1 Language ID 2 = Risk Level

18 ... comparison of languae IDs

19 ... comparing the levels of risk caused by transliteration from one to another language English: Japanese Risk level: 196 phonetics 44 imperfect 5 = 220 phonetics 24 perfect 1 = = 196 Conclusion for ranking of risk levels 1. Japanese 2. Chinese 3. Hungarian 4. German Mandarin Risk level: 190 phonetics 30 perfect 1 = = 190 Hungarian Risk level: 142 phonetics 39 perfect 2 = = 142 German Risk level: 52 phonetics 42 perfect 4 = = 52

20 ... transliteration changes sound and concept of marks, increases and shifts risk of conflicts カレッジ (ka re - jji) カレッジ (ka re - jji)

21 Alphabet Kana [ ri-ri-a-su ]

22 Alphabet Hangul

23 Alphabet Chinese SOUND MEANING

24 connotations are created by phonetics, concept and origin of languages NARROW PHONETIC SCOPE ma (Chinese), hashi (Japanese) IMPORT OF FOREIGN WORDS hal (Hungarian), stool (English), courage (Japanese) PICTORIAL WRITING Use of a Chinese character with the component of water ( 氵 ) for tablets or powder medicine

25 product labels and product names are reflections of all substantial conclusions gathered during the product development & clearance process GENERAL connotation problem: misleading regarding the product category SPECIFIC connotation problem: misleading within the correct product category REGULATORY COMPLIANCE OF PRODUCTS

26 National classification cl.n1 a) Plant growth regulating preparations Pharmaceuticals b) Deodorants for animals c) Herbicides International classification CL.1 - Plant growth regulating preparations [N1a] CL.3 - Deodorants for animals [N1b] CL.5 Pharmaceuticals [N1a] CL.5 - Herbicides [N1d] Old national systems are appropriate, comprehensive and logical Despite adoption of international system, similarity code system remains valid Adoption of international system leads to inconsistency and intransparency

27 ranking of regions and markets determined by preference of client and filtering based on established practices Ranking of regions & markets according to the focus of the client s business Filtering phonetically similar marks using Latin phonetics based algorithms Filtering marks that cover relevant goods & services based on Nice classification

28 even if, and especially when Asian markets are within the priority group, many language issues are addressed only during last step CONSEQUENCES: 1 High risk marks in Asia survive (Latin+Nice) 2 Good marks in Asia get eliminated too early (Latin+Nice) 3 High mortality of selected candidates in last stage (Asia) 4 Break in the process flow: Latin+Nice to Local script+nat. classes 5 Transliteration issues are addressed too late

29 harmonization of scripts in 5 major markets PUBLIC / SPECIFIC SEARCH ENGINES - local phonetics - local classification - user unfriendly - only in local language - only one register COMMERCIAL SEARCH ENGINES - Latin phonetics - Nice classification - user friendly - in many languages - many registers

30 using language issues as filter to determine ranking Importance of markets Focus of client s business 1 USA, Korea, China 2 EU, Brazil, Mexico, Chile 3 Japan Risk levels of conflict caused by language issues 1 Japan, Korea, China 2 EU 3 Brazil, Mexico, Chile 4 USA Conclusion 1 Korea, Japan, China 2 EU, USA 3 Brazil, Mexico, Chile

31 ... China, Taiwan, Hong Kong, Japan and even Korea and Singapore are linked by similar language issues traditional Taiwan, Hong Kong semi-simplified (Kanji) Japan simplified China, Singapore

32 CN [han4-yuan2] [hua1-xiang2] HK [hon6-hoeng1] [faa1-juk1] TW [han1-chang4] [hua1-xiang2] JP [ha-n-su-ya-n-gu] [ha-na-shou] [ka-shou]

33 ... different sounds linked by appearance... CHINA HK JAPAN TW