Madrid Agreement Concerning the International Registration of Marks
The Madrid Agreement Concerning the International Registration of Marks, concluded in 1891, makes it possible to protect a trademark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties. Therefore, the agreement is the basis of the international registration system of trademarks. In 1989 the Protocol relating to that Agreement was founded. The aim of the protocol was to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.
Mark of an Undertaking
Marks of an Undertaking are signs used in the course of trade as a name, company name or special designation of a business operation or an enterprise. If the symbol is distinctive it may be protected immediately after the first use. If it is not distinctive, it can only reach protection through reputation.
Merchandising is a collective term for sales-promoting measures and other activities which contribute to the sale of products to a retail consumer. Merchandising activities can include for example display techniques, free samples, pricing and special offers.
According to the Unfair Competition Act an advertising statement is misleading if it contains untruthful information or other information which is intended to mislead. The misleading part of the statement has to be relevant for the business and therefore, influence the decision of the consumer.