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88-841: DEQ can refer to Delivered Ex Quay , an Incoterm Department of Environmental Quality, any of various U.S. state agencies: Arkansas Department of Environmental Quality Idaho Department of Environmental Quality Louisiana Department of Environmental Quality Michigan Department of Environmental Quality Montana Department of Environmental Quality Oklahoma Department of Environmental Quality Oregon Department of Environmental Quality Utah Department of Environmental Quality J. Lynn Helms Sevier County Airport , De Queen, Arkansas, United States Deqing Moganshan Airport , in Zhejiang, China Double-ended queue Deq (tattoo) , traditional Kurdish tattoos Topics referred to by

176-585: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

264-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

352-460: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

440-608: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

528-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

616-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

704-490: A manner customary at the particular port. In this case, the seller must also arrange for export clearance. On the other hand, the buyer pays cost of marine freight transportation, bill of lading fees, insurance, unloading and transportation cost from the arrival port to destination. Since Incoterms 1980 introduced the Incoterm FCA, FOB should only be used for non-containerized seafreight and inland waterway transport. However, FOB

792-686: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

880-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

968-433: Is commonly used incorrectly for all modes of transport despite the contractual risks that this can introduce. In some common law countries such as the United States of America , FOB is not only connected with the carriage of goods by sea but also used for inland carriage aboard any "vessel, car or other vehicle." The seller pays for the carriage of the goods up to the named port of destination. Risk transfers to buyer when

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1056-493: Is different from Wikidata All article disambiguation pages All disambiguation pages Delivered Ex Quay The Incoterms or International Commercial Terms are a series of pre-defined commercial terms published by the International Chamber of Commerce (ICC) relating to international commercial law . Incoterms define the responsibilities of exporters and importers in the arrangement of shipments and

1144-408: Is entirely conducted by water are as per the below. It is important to note that these terms are generally not suitable for shipments in shipping containers; the point at which risk and responsibility for the goods passes is when the goods are loaded on board the ship, and if the goods are sealed into a shipping container it is impossible to verify the condition of the goods at this point. Also of note

1232-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

1320-549: Is often used in commodity trading, the Institute Cargo Clauses (C) remains the default level of coverage, giving parties the option to agree to a higher level of insurance cover. Taking into account feedback from global users, the CIP Incoterms® rule now requires a higher level of cover, compliant with the Institute Cargo Clauses (A) or similar clauses. In prior versions, the rules were divided into four categories, but

1408-499: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

1496-459: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

1584-407: Is that the point at which risk passes under these terms has shifted from previous editions of Incoterms, where the risk passed at the ship's rail. The seller delivers when the goods are placed alongside the buyer's vessel at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment. The FAS term requires the seller to clear

1672-644: Is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

1760-583: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

1848-625: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

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1936-631: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

2024-587: The 11 pre-defined terms of Incoterms 2020 are subdivided into two categories based only on method of delivery . The larger group of seven rules may be used regardless of the method of transport, with the smaller group of four being applicable only to sales that solely involve transportation by water where the condition of the goods can be verified at the point of loading on board ship. They are therefore not to be used for containerized freight, other combined transport methods, or for transport by road, air or rail. Incoterms 2020 also formally defines delivery. Previously,

2112-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

2200-515: The FOB value of the goods. Because of this it is common for contracts for exports to these countries to use these Incoterms, even when they are not suitable for the chosen mode of transport. If this is the case then great care must be exercised to ensure that the points at which costs and risks pass are clarified with the customer. There are certain terms that have special meaning within Incoterms, and some of

2288-517: The High Court and Court of Appeal showcased judicial debate about whether a c.i.f. bill of lading could evidence a sale of goods, Scrutton J ruling in the High Court that it did not, because a c.i.f. sale is "not a sale of goods, but a sale of documents relating to goods". The Court of Appeal upheld his decision, although Bankes LJ and Warrington LJ argued that "a c.i.f. contract is a contract for

2376-461: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

2464-565: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

2552-514: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

2640-478: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

2728-478: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

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2816-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

2904-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

2992-454: The agreed destination point. The necessary unloading cost at final destination has to be borne by buyer under DAP terms. Seller is responsible for delivering the goods to the named place in the country of the buyer, and pays all costs in bringing the goods to the destination including import duties and taxes. The seller is not responsible for unloading. This term is often used in place of the non-Incoterm "Free In Store (FIS)". This term places

3080-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

3168-472: The authorities in that country. Unless the rules and regulations in the buyer's country are very well understood, DDP terms can be a very big risk both in terms of delays and in unforeseen extra costs, and should be used with caution. To determine if a location qualifies for these four rules, please refer to 'United Nations Code for Trade and Transport Locations ( UN/LOCODE )'. The four rules defined by Incoterms 2020 for international trade where transportation

3256-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

3344-501: The buyer on shipment. In the case of E. Clemens Horst Co. v. Biddell Brothers, the UK House of Lords ruled in 1911 that "the sellers in a c.i.f. contract were entitled to payment of the price upon tender of the bill of lading and insurance policy. The purchasers' intent to wait for satisfactory delivery and inspection was overruled. Shortly afterwards in 1915-16, the case of Arnhold Karberg & Co. v. Blythe, Green, Jourdain & Co. in

3432-464: The buyer to arrange one either - the buyer may sell the goods on to their own customer for collection from the original seller's warehouse. However, in common practice the buyer arranges the collection of the freight from the designated location, and is responsible for clearing the goods through Customs. The buyer is also responsible for completing all the export documentation, although the seller does have an obligation to obtain information and documents at

3520-471: The buyer's facilities or a port of destination. This has to be agreed to by seller and buyer, however). If the buyer requires the seller to obtain insurance, the Incoterm CIP should be considered instead. This term is broadly similar to the above CPT term, with the exception that the seller is required to obtain insurance for the goods while in transit. CIP requires the seller to insure the goods for 110% of

3608-462: The buyer's request and cost. These documentary requirements may result in two principal issues. Firstly, the stipulation for the buyer to complete the export declaration can be an issue in certain jurisdictions (not least the European Union) where the customs regulations require the declarant to be either an individual or corporation resident within the jurisdiction. If the buyer is based outside of

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3696-432: The buyer. Then, the buyer has to pay at the agreed price. Another point to consider is that CIF should only be used for non-containerized sea freight; for all other modes of transport it should be replaced with CIP. With all Incoterms beginning with D there is no obligation to provide insurance, however the insurable risk is for the seller's account. The risk and the cost is not always the same for Incoterms. In many cases,

3784-455: The contract value under Institute Cargo Clauses (A) of the Institute of London Underwriters (which is a change from Incoterms 2010 where the minimum was Institute Cargo Clauses (C)), or any similar set of clauses, unless specifically agreed by both parties. The policy should be in the same currency as the contract, and should allow the buyer, the seller, and anyone else with an insurable interest in

3872-434: The critical point at which the risk passes moves from loading aboard the vessel to the named place. The chosen place of delivery affects the obligations of loading and unloading the goods at that place. If delivery occurs at the seller's premises, or at any other location that is under the seller's control, the seller is responsible for loading the goods on to the buyer's carrier. However, if delivery occurs at any other place,

3960-460: The customs jurisdiction, they will be unable to clear the goods for export, meaning that the goods may be declared in the name of the seller by the buyer, even though the export formalities are the buyer's responsibility under the EXW term. Secondly, most jurisdictions require companies to provide proof of export for tax purposes. In an EXW shipment, the buyer is under no obligation to provide such proof to

4048-431: The destination port or terminal. The terminal can be a port, airport, or inland freight interchange, but must be a facility with the capability to receive the shipment. If the seller is not able to organize unloading, they should consider shipping under DAP terms instead. All charges after unloading (for example, import duty, taxes, customs and on-carriage) are to be borne by buyer. However, any delay or demurrage charges at

4136-583: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

4224-432: The exception that the seller is required to obtain insurance for the goods while in transit. CIF requires the seller to insure the goods for 110% of the contract value under Institute Cargo Clauses (A) of the Institute of London Underwriters (which is a change from Incoterms 2010 where the minimum was Institute Cargo Clauses (C)), or any similar set of clauses, unless specifically agreed by both parties. The policy should be in

4312-481: The global or international transportation and delivery of goods. Incoterms inform sales contracts defining respective obligations, costs, and risks involved in the delivery of goods from the seller to the buyer, but they do not themselves conclude a contract, determine the price payable, currency or credit terms, govern contract law or define where title to goods transfers. The Incoterms rules are accepted by governments, legal authorities, and practitioners worldwide for

4400-409: The goods are considered to be delivered when the goods have been handed over to the first or main carrier, so that the risk transfers to buyer upon handing goods over to that carrier at the place of shipment in the country of Export. The seller is responsible for origin costs including export clearance and freight costs for carriage to the named place of destination (either the final destination such as

4488-486: The goods are transported by rail and road. The seller pays for transportation to the named place of delivery at the frontier. The buyer arranges for customs clearance and pays for transportation from the frontier to their factory. The passing of risk occurs at the frontier. Trademark The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks

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4576-472: The goods available at their premises, or at another named place. This term places the maximum obligation on the buyer and minimum obligations on the seller. The Ex Works term is often used while making an initial quotation for the sale of goods without any costs included. EXW means that a buyer incurs the risks of bringing the goods to their final destination. Either the seller does not load the goods on collecting vehicles and does not clear them for export, or if

4664-407: The goods for export, which is a reversal from previous Incoterms versions that required the buyer to arrange for export clearance. However, if the parties wish the buyer to clear the goods for export, this should be made clear by adding explicit wording to this effect in the contract of sale. This term should be used only for non-containerized sea freight and inland waterway transport. Under FOB terms

4752-694: The goods have been loaded on board the ship in the country of Export. The seller is responsible for origin costs including export clearance and freight costs for carriage to the named port. The shipper is not responsible for delivery to the final destination from the port (generally the buyer's facilities), or for buying insurance. If the buyer requires the seller to obtain insurance, the Incoterm CIF should be considered. CFR should only be used for non-containerized seafreight and inland waterway transport; for all other modes of transport it should be replaced with CPT. The term "cost, insurance, freight" or "c.i.f." predates

4840-523: The goods reach their final destination safely. All necessary legal formalities in the exporting country are completed by the seller at their own cost and risk to clear the goods for export. After arrival of the goods in the country of destination, the customs clearance in the importing country needs to be completed by the buyer, e.g. import permit, documents required by customs, etc., including all customs duties and taxes. Under DAP terms, all carriage expenses with any terminal expenses are paid by seller up to

4928-454: The goods to be able to make a claim. CIP can be used for all modes of transport, whereas the Incoterm CIF should only be used for non-containerized sea-freight. This Incoterm requires that the seller delivers the goods, unloaded, at the named place of destination. The seller covers all the costs of transport (export fees, carriage, unloading from main carrier at destination port and destination port charges) and assumes all risk until arrival at

5016-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

5104-453: The interpretation of most commonly used terms in international trade. They are intended to reduce or remove altogether uncertainties arising from the differing interpretations of the rules in different countries. As such they are regularly incorporated into sales contracts worldwide. "Incoterms" is a registered trademark of the ICC. The first work published by the ICC on international trade terms

5192-505: The introduction of Incoterms. Craighall noted in a 1919 article that in "earlier times" the initials were usually written "C. F. & I.": he quotes the phrase "C. F. & I. by steamer to N.Y." used in a shipping contract addressed in the New York State case of Mee v. McNider (1886). The first English court case which referred to c.i.f. was Tregelles v. Sewell (1862), where the court established that under c.i.f. terms, risk passes to

5280-553: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

5368-528: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

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5456-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

5544-449: The maximum obligations on the seller and minimum obligations on the buyer. No risk or responsibility is transferred to the buyer until delivery of the goods at the named place of destination. The most important consideration for DDP terms is that the seller is responsible for clearing the goods through customs in the buyer's country, including both paying the duties and taxes, and obtaining the necessary authorizations and registrations from

5632-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

5720-416: The more important ones are defined below: Parties adopting Incoterms should be wary about their intention and variations. The desire of the parties should be expressed clearly and casual adoption should be refrained. Also, making additions or variations to the meaning of a certain term should be carefully done as parties' failure to use any trade term at all can produce unexpected results. The seller makes

5808-420: The onus for declaring the goods for export onto the seller, which provides for more control over the export process. The seller delivers the goods, cleared for export, at a named place (possibly including the seller's own premises). The goods can be delivered to a carrier nominated by the buyer, or to another party nominated by the buyer. In many respects this Incoterm has replaced FOB in modern usage, although

5896-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

5984-515: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

6072-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

6160-445: The risk and cost usually goes together but it is not always the case. The below represents the transfer of risk. Rules for sea and inland waterway transport Rules for any modes of transport While these terms do not feature in the current version of Incoterms it is possible that they may be seen in sales order contracts. Care must be taken to ensure that both parties agree on their obligations in this case. This term can be used when

6248-522: The sale of goods to be performed by the delivery of the documents". In a Ninth Circuit Court of Appeals case referencing the Arnhold Karberg case and also Manbre Saccharine v Corn Products (1919), it was explained that "under a c. i. f. contract the obligation of the seller is to deliver documents rather than goods, to transfer symbols rather than physical property". In the Manbre Saccharine case

6336-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

6424-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

6512-413: The same currency as the contract. The seller must also turn over documents necessary, to obtain the goods from the carrier or to assert claim against an insurer to the buyer. The documents include (as a minimum) the invoice, the insurance policy, and the bill of lading . These three documents represent the cost, insurance, and freight of CIF. The seller's obligation ends when the documents are handed over to

6600-491: The same number as defined by Incoterms 2010 . One rule of the 2010 version ("Delivered at Terminal"; DAT) was removed, and is replaced by a new rule ("Delivered at Place Unloaded"; DPU) in the 2020 rules. The insurance to be provided under terms CIF and CIP has also changed, increasing from Institute Cargo Clauses(C) to Institute Cargo Clauses(A). Under the CIF Incoterms rule, which is reserved for use in maritime trade and

6688-403: The same term [REDACTED] This disambiguation page lists articles associated with the title DEQ . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=DEQ&oldid=1161279180 " Category : Disambiguation pages Hidden categories: Short description

6776-405: The seller bears all costs and risks up to the point the goods are loaded on board the vessel. The seller's responsibility does not end at that point unless the goods are "appropriated to the contract" that is, they are "clearly set aside or otherwise identified as the contract goods". Therefore, FOB contract requires a seller to deliver goods on board a vessel that is to be designated by the buyer in

6864-402: The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. Under DAP terms, the risk passes from seller to buyer from the point of destination mentioned in the contract of delivery. Once goods are ready for shipment, the necessary packing is carried out by the seller at their own cost, so that

6952-420: The seller does load the goods, they do so at buyer's risk and cost. If the parties agree that the seller should be responsible for the loading of the goods on departure and to bear the risk and all costs of such loading, this must be made clear by adding explicit wording to this effect in the contract of sale. There is no obligation for the seller to make a contract of carriage, but there is also no obligation for

7040-464: The seller is deemed to have delivered the goods once their transport has arrived at the named place; the buyer is responsible for both unloading the goods and loading them onto their own carrier. CPT replaces the C&;F (cost and freight) and CFR terms for all shipping modes outside of non-containerized sea freight. The seller pays for the carriage of the goods up to the named place of destination. However,

7128-416: The seller was unable to enforce the c.i.f. contract where the goods had been lost at sea, but McCardie J emphasised that this was because no insurance policy was tendered, only a letter confirming insurance, and also because the goods did not match the contracted description: had these matters been otherwise, the contract would have been enforced. As an Incoterm, CIF is broadly similar to the term CFR, with

7216-431: The seller, or indeed to even export the goods. In a customs jurisdiction such as the European Union, this would leave the seller liable to a sales tax bill as if the goods were sold to a domestic customer. It is therefore of utmost importance that these matters are discussed with the buyer before the contract is agreed. It may well be that another Incoterm, such as FCA seller's premises , may be more suitable, since this puts

7304-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

7392-481: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

7480-558: The term had been defined informally but it is now defined as the point in the transaction where "the risk of loss or damage [to the goods] passes from the seller to the buyer". In some jurisdictions, the duty costs of the goods may be calculated against a specific Incoterm: for example in India , duty is calculated against the CIF value of the goods, and in South Africa the duty is calculated against

7568-448: The terminal will generally be for the seller's account. Some uncertainty has emerged since Incoterms 2020 were adopted as to the meaning of "unloaded" when goods are delivered in a container, usually by sea, as the removal of the container from the incoming vessel may suggest that it has been "unloaded", but the goods themselves are not yet "unloaded" while they remain in the container. Incoterms 2010 defines DAP as 'Delivered at Place' –

7656-439: The transfer of liability involved at various stages of the transaction. They are widely used in international commercial transactions or procurement processes and their use is encouraged by trade councils, courts and international lawyers. A series of three-letter trade terms related to common contractual sales practices, the Incoterms rules are intended primarily to clearly communicate the tasks, costs, and risks associated with

7744-461: Was issued in 1923, with the first edition known as Incoterms published in 1936. The Incoterms rules were amended in 1953, 1967, 1976, 1980, 1990, 2000, and 2010, with the ninth version — Incoterms 2020 — having been published on September 10, 2019. Incoterms 2020 is the ninth set of international contract terms published by the International Chamber of Commerce , with the first set having been published in 1936. Incoterms 2020 defines 11 rules,

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