As a firm grows the lines of communication are often stretched Essay Example for Free

As a firm grows the lines of communication are often stretched Essay As a firm grows the lines of communication are often stretched. To overcome this meetings could be set up to keep people informed. The companys span of control could be re-emphasised so that workers know whom to report to and who to inform of their orders. A clear structure and hierarchical pyramid will reduce arguments in the short term. Team building exercises are a modern way of improving morale, team spirit and efficiency. They are a long-term measure to keep all managers striving for the same aims and goals for the company as a team. I have been assigned by the company Koka Kola to sort out the problem they have where a new base 50 miles outside of there London head quarters has been built. The problem is the communication between the two bases; I need to find the best way to communicate between the two bases. Business Objectives The Business has objectives it must achieve; the businesses main objective is to set up a new communications system between the London Head Office and the newly built Production Site. The problem with this is that it may clash with another objective, Profit. If the company is to spend money on a new communications system it must make sure that the money spent on the system, staff, marketing etc, does not overshadow the money made by sales and other sources of profit. This, although a big problem could have benefits in the long term. If the money spent on setting up the Communications System is more than the profit made that month. In the months after when the System is set up, the benefits in profit as a result of the it being set up could be far greater than that in past months before it was made and so in the future could eventually be bigger than the amount paid on the Communications System and maybe even the Production Site. This concludes that although the short-term objectives maybe conflicted, the long term must be waited upon in order to reap the benefits. Communication: Communication is the process of passing information from one person to another. Once the target receives the information it is acted upon and feedback is sent to the original sender. An example of communication in business might be a company producing cars. The message might be an advertisement on television telling customers about a new car. The target will be the segment of the market interested in buying a car. The feedback will be the level of sales when the magazine first goes on sale. Communications are important in a business because it keeps the company working on the right track. For example if a marketing director who never asked the customers what they wanted in a product made a set up an advertising scheme on television, the advertisement would be based on the directors interests rather than the views of the customers. The customers wouldnt be interested and would turn a blind eye. The problem with the business I have been appointed to is that the business is splitting into two bases amongst which people will work who would normally communicate with each other. I have organised an interview with a worker from a local business to find out what methods of communication they use: 1) How many methods of communication do you use in your business?

Rat Bite Fever Essay -- streptobacillus moniliformis, rna

One of the main causes of the disease known as Rat Bite Fever is from infection by the bacteria Streptobacillus moniliformis. This bacterium is commonly the cause of the disease in North America (Elliot, 2007). This disease is typically difficult to diagnose, leading to a delay in treatment and unnecessary increase in the severity of its symptoms. Cases of rat bite fever are rather rare in North America, and those resulting in death are even less common, making the study of its pathogenesis difficult. In order to better understanding this disease, work is being done to annotate the genome of the bacterium. Gene annotation is a process in which biological information is attached to a single gene or genomic sequence. Oftentimes, this is initially done automatically via computer analysis, and then later is manually annotated. That is the case here, where an automatic annotation has been performed for many of the genes within the S. moniliformis genome (Nolan, 2009), but it is necessary to manually annotate the genome in order to better understand the biological processes. The manual annotation includes identifying or confirming the gene’s role in coding, gene expression, biochemical function, and many other functions (Stein, 2001). Smon_0852 & Smon_0853: Smon_0852 is annotated as a Polynucleotide adenylyltransferase region, which is involved in the biological process, RNA processing, and its molecular function is ATP binding, RNA binding, hydrolase activity, and nucleotidyl transferase, according to GO. Pfam identifies that Smon_0852 is a part of the Protein domains Poly A polymerase head and Nudix family. The Poly A polymerase head domain is involved in adding the poly (A) tail to mRNA (Cao, 1992). The Nudix family is ... ...l structure of NGO0477 from Neisseria gonorrhoeae reveals a novel protein fold incorporating a helix-turn-helix motif. Proteins 78:1798-1802(2010). Stein, L. (2001). "Genome annotation: from sequence to biology". Nature Reviews Genetics 2 (7): 493–503.doi:10.1038/35080529. PMID 11433356. Tscherne, J.S., Nurse, K., Popienick, P., Michel, H., Sochacki, M. and Ofengand, J. "Purification, cloning, and characterization of the 16S RNA m5C967 methyltransferase from Escherichia coli". Biochemistry 38:1884–1892(1999). Yau, K. Cyclic Nucleotide-gated Channels: an expanding new family of ion channels Proc Natl Acad Sci USA. 91(9): 3481–3483 (1994). Zhang H, Huang K, Li Z, Banerjei L, Fisher KE, Grishin NV, Eisenstein E, Herzberg O, Crystal structure of YbaK protein from Haemophilus influenzae (HI1434) at 1.8 A resolution: functional implications. Proteins 40:86-97(2000).

How important is the banquet scene in this play as a whole? Essay

Before we are able to fully explore the importance of Act III, Scene IV, of Shakespeare’s famous ‘bloody’ tragedy it is necessary to look briefly at what is meant as a tragedy for Shakespeare used tragic circumstances in order to give insight into lots of situations and help tell a story, usually with a moral attached. Although Macbeth is undoubtedly ‘tragic’ and one of the bloodiest and violent of Shakespeare’s plays its tragic nature doesn’t necessarily stem from the murders and grievances within the play. Shakespeare has used Macbeth’s vulnerability and naà ¯Ã‚ ¿Ã‚ ½ve nature to portray tragic circumstances and to highlight the flaws within his character. Macbeth is a fascinating individual; he is transformed by evil from a strong and noble general to a king that will stop at nothing, including murder, to retain his throne and hence his power. However, he is rarely in control of a situation and from the beginning, when he encounters the three witches, deeply suspicious and afraid of the supernatural, ‘Speak if you can, what are you?’ Act I Scene III. This is shown as he depends on the witches to guide him with what to do and good becomes entwined with evil, ‘ Fair is foul, and foul is fair’, Act I Scene I. This also gives us a clue that it is going to be hard in the play to tell the difference between good and evil and when we encounter Banquo’s ghost in Act III, Scene IV we know any glimmer of hope felt by Macbeth since the murder of Banquo is to be short lived. The line ‘fair is foul, and foul is fair’, also indicates a warning to us as readers that things may not necessarily be what they seem and they most definitely are not. Many versions of this quote are used throughout the play including the line of Lady Macbeth’s when she tells Macbeth to; ‘play the humble host’ Act III Scene IV. When she says ‘play’ she is showing that she realises they have to cover up their true feelings. This is similar to ‘fair is foul, and foul is fair’ and can also be compared with the line Lady Macbeth uses to tell her husband to cover up his treachery ‘look like th’ innocent flower, But be the serpent under ‘t’, Act I Scene V, just before Duncan is to arrive at their castle. The banquet scene, therefore, is one of the most important scenes of the play and, once the ghost appears, becomes a pivotal point. Things, up until now, were going relatively smoothly for Macbeth and he has fulfilled his dream of becoming king and his wife, lady Macbeth, queen. Although she knows of Duncan’s murder, she has not been included in the plans for murdering Banquo, ‘Be innocent of the knowledge, dearest Chuck,’ Act III Scene II, and at the beginning of the ‘banquet scene’ he wishes only for her to join in the celebrations for his coronation ‘ Our hostess keeps her state, but in best time we will require her welcome,’ Act III Scene IV Line 6-7. The banquet has been arranged so that the new King and Queen can be properly introduced to their courtiers and is going as planned until the Murderers arrive to tell Macbeth that although they have killed Banquo, Fleance has escaped. Although Macbeth is uneasy about this news, ‘Hath nature that in time will venom breed’ Act III SceneIV and is linked to his doubts about one of Banquo’s predictions from the Witches, ‘Thou shalt get Kings, though thou be none’, he dismisses the murderers and prepares to enjoy the banquet in a ceremonious way. However, his ease is to be short-lived for as he is about to sit down he sees Banquo’s ghost in his place at table. He cannot believe this and questions his Lords, ‘Which of you has done this?’ but they are unable to see the ghost and rise to leave, thinking he is ‘unwell’. Guilt, denial and fear swamp Macbeth, ‘Thou canst not say I did it: never shake thy gory locks at me’, and he thinks someone knows he killed Duncan and is setting him up. It seems guilt is the strongest theme in this scene, it is the reason for the ghost of Banquo being present in Macbeth’s mind only, and his guilty conscience is seeping through with this sign of madness. Although Lady Macbeth accuses her husband of being a coward, ‘This is the very painting of your fear’ as she did at the time of Duncan’s murder, she apologises to the guests and tries to cover up for him saying it is an illness he has had from a child, ‘my Lord is often thus and hath been from his youth.’ Because he is so frightened I feel she is beginning to suspect him of something but does not understand what exactly, ‘Why do you make such faces?’ The Ghost leaves and Macbeth tries to understand what has happened, in Scene II he was saying how lucky Duncan was because he was at peace in death, ‘After life’s fitful fever, he sleeps well’, but now he is worrying because he has seen the dead rise up again and wonders that in his own death he too may not be at peace; ‘But now they rise again with twenty mortal murders on their crowns’. This seems to link in with the supernatural introduced with the witches and shows a weakness and confusion in Macbeth’s character as he fears death; ‘ I have a strange infirmity, which is nothing to those that know me’, Act III Scene IV. After the ghost leaves and the guests have gone it is almost dawn. Lady Macbeth says ‘Night, is almost at odds with morning.’ I feel Lady Macbeth is beginning to doubt her previous actions and seems confused over good and evil becoming entwined. Macbeth makes a short speech that could easily be compared to an earlier scene in the play – Act II Scene II, when Macbeth and Lady Macbeth are washing away Duncan’s blood from their hands. This could be an image of them ‘washing’ away the guilt that, in the end, forces Lady Macbeth to commit suicide when she feels she can’t wash the blood from her hands. This drives her to her madness like the ghost of Banquo starts to do to Macbeth. This is a famous speech that talks about wading in blood and has the word ‘blood’ repeated five times, ‘ blood will have blood’. Macbeth feels he is in this so deep there is no going back, ‘Returning were as tedious as go’er’, the turning point has now been reached and the last line indicates there is more killing to come, ‘We are yet but young in deed.’ This proves the importance of the Banquet Scene. We have reached the end of one chapter and the beginning of another and it is also a turning point in the relationship of Macbeth and Lady Macbeth. At the beginning of the banquet they were as close as they were at the beginning of the play, despite the ‘cloud’ of Duncan’s death. But by the end of the banquet we find Macbeth unable to confide in his wife for advice and going to the witches in place of her, ‘I will to-morrow (And betimes I will) to the Weird Sisters.’ And we now know that Lord and Lady Macbeth do not know darkness from light or evil from good. There must only be darkness and death ahead for them both. Fair has become foul and foul has become fair.

Reflection - 971 Words

Andre Trocme and Le Chambon Reflection The story of Andre Trocme and the peoples of Le Chambon is a truly an inspiring given the fact that they helped harbor many Jews from being persecuted. They are truly inspiring because from a religious perspective they have lived a part of the Christian faith that many people never will and as result their story will probably be read to future generations of those who are seeking to live a more fulfilled Christian life. From this amazing yet dangerous story, I can regrettably say that I have never heard of these people or the actions they took to help harbor the dozens of lives of Jews. I think this is so because of several reasons including the very idea of religion not wanting to be taught by the†¦show more content†¦I know that from the various sermons that I have been to all the members of the congregation loved to hear the stories of success, but seldom do they love to hear about what those individuals had to go through. For me I am no exception to this unwritten rule. How many people rustically would want to stick with the very true ideas of Christianity which include caring for the poor and then following a path that would be extremely difficult? Not too many. However, I do think that we can take those lessons from the people who have lived on the side lines and apply them to our lives and to our communities in which we live. Jesus said that the greatest thing you can do is to love your neighbor as yourself and love God with all your heart (Murphy). I truly think that if people follow this commandment as best as they can, then they are they among those whom are the living representatives of the church. Sources Murphy, Debra Dean. The Teachings of Bass. West Virginia Wesleyan College, Buckannon. 28 Aug. 2015.Show MoreRelatedReflection1650 Words   |  7 PagesIan-Bradley Tancred This essay analyses and describes what reflection is and how it supports your personal and professional learning. It elaborates upon how and why recognizing your strengths and weaknesses are important and how they can enhance lifelong learning. It describes what arguments and assertions are, what the differences are between them and which one is better. Debnath describes reflection as a means of self-examination to learn from knowledge and experiences which will help transformRead MoreReflection1479 Words   |  6 PagesReflections Both simple and complex reflections were used. A simple reflection used towards the beginning of the interview transpired into, â€Å"pretty active out doing a lot of things.† Alternatively, a complex reflection used when reflecting on Sarah’s feelings about what her friends think about her not socializing subsisted of, â€Å"it bothers you thinking about them, wondering about your intentions.† I used twice as many complex reflections as simple reflections. Unfortunately, I should have usedRead MoreReflection On The Word Reflection 701 Words   |  3 PagesFor me the word ‘reflection’ means taking time to really dig deep into my thoughts, to contemplate something meaningful and significant, to make a decision that often involves me and my future. It has a personal and emotional connection. Daudelin (1996) uses the word ‘reflection’ to encourage managers to create time to recognise the value of learning from past and current work s ituations (‘experience’) and to adapt this learning to new situations. I would prefer to choose the words ‘thought’ or ‘consideration’Read MoreReflection1218 Words   |  5 PagesReflection on your personal development Reflection is a major factor in developing self-awareness to improve services provided to everyone around me, this is to develop my own understanding in realising the good and bad made previously. Moving forward with a better understanding, as well as rectifying the mistake whilst recognizing the good points, (Horton-Deutsch and Sherwood, 2008). Working in a domiciliary setting and visiting vulnerable adults within their homes, I am constantly tryingRead Morereflection703 Words   |  3 Pageshelpful/ inspiring. Your completed template form and content should be a CRITICAL reflection of the paper/ chapter content but NOT merely summarize what you have read. TEMPLATE FOR REFLECTIONS ON EXPERIENCES DATE: PLACE: The experience 1. What experience are you reflecting on (class session, project group meeting, particular piece of reading, other)? Give a brief account of this experience. 2. 3. Reflections on Experience 4. 2. Looking back, what was particularly memorable/ interestingRead MoreReflection Of Illusion1635 Words   |  7 Pages Shattering a Reflection of Illusion I stare blankly at the blinking caret. Propped up snugly against three quilted pillows and one calculus textbook is my laptop. To be more specific, a laptop opened to an empty Microsoft Word document. Writing a speech is no easy task, but writing a valedictory address is like playing darts with spaghetti. Humbly accepting the position as the class valedictorian, I have been graced with the task of writing an excerpt that would fill my classmates’ hearts withRead MoreNursing reflection.12855 Words   |  52 PagesReflective Essay This essay will look at reflection on a critical incident that has promoted a positive outcome. It is not a very major incident but it stands out as it has a potential for learning. This essay will identify and explain Johns (1994) model of reflection and explain what reflection is and why reflective practice is necessary and how it can be used. Schone (1983) recommended reflection on critical incidence as a valuable term, sited in Ghaye and Lillyman (1997) a critical incidentRead MoreReflection Essay1616 Words   |  7 Pagesintegral part of nursing. It will also demonstrate how reflection enabled me to make sense of and learn from this experience, as well as identify any further learning developments needed to improve my practice and achieve the level of competency needed for when I qualify as an assistant practitioner. While discussing the knowledge underpinning practice, evidence based literature will be reviewed to support my discussion and for the purpose of reflection the essay will be written in the first person. SpouseRead MoreReflection On Self Development Through Reflection1854 Words   |  8 Pagesthrough reflection is a key issue of education and learning (Kennison, 2012), where you learn through experience (Tashiro, Shimpuku, Naruse and Matsutani, 2013), learn to self-evaluate (Duffy, 2013), identify gaps in knowledge and detect where further training or study is required to improve practice (Olarerin, 2013). Ultimately reflection is thought to be constant learning from practice, thus refining knowledge and experiences and putting them into practice (Naidoo, 2013). Within my reflection examplesRead MoreReflection Essay781 Words   |  4 PagesI determined that I needed a new interest, something to keep my mind engaged and challenged. I enrolled in the Doctor of Business Administration (DBA) through the Columbia Southern University (CSU) just for fulfillment. This reflection assignment exercise proves to be the catalyst for my future college endeavors. The assignment to reflect on DBA program dreamed of taking steps towards realizing those ideas and course accomplishments right now. Due to time some course assignments, I will embrace,

ASSIGNMENT ON SOUND TRADEMARK - Free Essay Example

Sample details Pages: 12 Words: 3522 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? à ¢Ã¢â€š ¬Ã…“ASSIGNMENT ON SOUND TRADEMARK STEPPING AGAINST CONVENTIONALITYà ¢Ã¢â€š ¬Ã‚ - INTRODUCTION:- A sound trademark is a non-conventional trademark where the trademark function of uniquely identifying the commercial origin of products or services is achieved by means of an audio clip. They are identified by hearing without support through speech. As such they can be utilized in acoustic brand marketing, which creates the need to register them as trademarks to protect a companysintellectual propertyand ensure their use as exclusive identifier for the company, just like a company logo does.Sound trademarksare protected trademarks centred on the reproduction of sounds and tones. Don’t waste time! Our writers will create an original "ASSIGNMENT ON SOUND TRADEMARK" essay for you Create order Combinations of sound and word or graphic elements are additional design options. Typical sound marks includetunesjingles,melodies as well as general sounds or noise. Sound marks can function as trade mark or service mark, as source identifiers for goods and/or services in commerce. Even though trademarks consisting of sounds have existed for many years, there is no uniformity regarding protection for such marks in the global market place or on the international level. [1] The trademark laws passed in the European Union do not explicitly include sound in the definition of trademarks; the European Court of Justice felt that sound signs could be registered as trademarks so long as their use made it possible to distinguish the goods or services of one undertaking from those of other undertakings. To be registered in the European Union, sounds must not only follow traditional trademark laws but also be represented graphically in a way that is clear, precise, self-contained, equally accessible, intelligible, durable and objective. In general, applications in the form of musical notations describing the sound meet these requirements, whereas onomatopoeic descriptions do not. This means that musical notes that can be represented in the form of musical notations are acceptable whereas noises like a dog barking or a lion roaring which cannot be represented by a musical notation but has to be described onomatopoeically or through a sonogram cannot be eligible for a trademark in the European Union. Metro Goldwyn Mayer (MGM) Corporation had applied for the registration of a sound, that of a Lion roaring, by submitting a sonogram for the à ¢Ã¢â€š ¬Ã…“Lionà ¢Ã¢â€š ¬Ã¢â€ž ¢s roarà ¢Ã¢â€š ¬Ã‚ . [2] The application has been refused in the European Union. Interestingly, the same trademark has been granted in the US. In the United States, whether a sound can serve as a trade mark à ¢Ã¢â€š ¬Ã…“depends on the aural perception of the listener which may be as fleeti ng as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it struck.à ¢Ã¢â€š ¬Ã‚  Quite simply this means that if a sound lingers in the mind of the listener and the listener subsequently associates a source or event with that sound then the sound may be eligible for a trademark. LANDMARK CASES REALTING TO NON CONVENTIONAL TRADE MARK : In Ralf Sieckmann v. German Patent[3] Office the ECJ by the German Federal Patent Court, the ECJ decided that graphical representation per se is not enough for registration, and it must met the following criteria: It must complete, clear and precise so that object of the right of exclusivity is immediately clear. It must be intelligible to those persons having an interest in inspecting the register,i.e. other manufactures and consumers. The normal ways of graphical represent ability. The normal way of graphical representation of sound mark is use of musical notations and written description. As a practical matter, however not everyone can read written music. Moreover written musical notes while indicating pitch, normally will not indicate tone, and different tones can be used, namely, musical notes give a à ¢Ã¢â€š ¬Ã…“descriptionà ¢Ã¢â€š ¬Ã‚  of the music but not the music itself. An apparent solution would be deposit a digital recording of the sound with the registrar instead of graphical representation, which has been rejected by the INTA as being impracticable, for firstly sound cannot be published by the Trademark Registry and people have to go to the registry to hear it, and secondly, it would be difficult for the registry to store so many sound samples.[4] The INTA Resolution 1997[5] on the inclusion of sound marks as registrable marks has analysed various impediments to the registration of sounds as trademarks, such as, enforceability, functionality of such sounds, problems of graphical representation and physical affixation which they say can be solved with help of traditional trademark principles. More or less INTA seems to have maintained the position that sound is connected with a product or service may serve as a trademark and therefore, in appropriate circumstances, should be entitled to trademark recognition, protection and registration in the same way and subject to the same standards as any other trademark. Sounds can be an important element in branding and corporate identification. Sounds can help consumers distinguishing a particular service or product from another. Whether a specific sound has the ability to function as a trademark, is a question of fact in each case[6] In the case of Shield Mark BV v Joost Kist h.o.d.n Memx[7] the ECJ observed that the requirement of graphical representation was not satisfied when the sound is represented graphically by means o f a description using the written language, such as: An indication that the sign consist of the notes going to make up a musical work An indication that it is the cry of an musical By means of a simple onomatopoeia By means of a sequence of musical notes[8] The case dealt with registration of sound marks. The Court held that sound marks were registrable but the requirement of graphical representation along with distinctiveness of sound had to be met with. It further stated that written description of a sound, onomatopoeia and musical notes were not enough (as in the case, the Dutch onomatopoeia for cockcrow). In the given case, however the court did not lay down appropriate mode of representation for the sound of a cockcrow or any other sound, leaving it to a particular country to decide on its particular requirements. However, the Court indicated that whatever be mode of representation, it should be clear, precise, self contained, easily accessible, intelligible, durable and objective. The problem with written sound marks like notions is that while it might indicate pitch, it will not indicate the tone. [9] On the other hand, graphical representability requirements are satisfied where the sound is represented as a à ¢Ã¢â€š ¬Ã…“ a stave divided into measures and showing, in particular, a clef, musical notes and rests whose form indicates the relative value and where necessary, accidentals.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Example 1 The trade mark is a sound mark consisting of 5 consecutive notes, namely ABCED.à ¢Ã¢â€š ¬Ã‚ [10] Example 2: Schedule of Sound mark to represent different bass, marimba, sfx and etc PRTOTECTION AND REGISTRATION OF SOUND TRADEMARK IN USA The Lanham Act of the United States defines trademark, essentially, as any word, name, symbol, or device[11], or any combination thereof used to identify and distinguish goods or services of one undertaking from those of other undertakings.[12] Thus, there is no requirement of capability of graphical representation for a trademark. The purpose behind graphical representation, while registration, of the trademark is to enable competitors and others to know what has been trademarked. Registration puts other producers on notice tha t a trademark is already in use. This means that the fellow competitors and the public must know a given trademark in a clear, precise before[13] registration of the trademark. Despite this, there is no need for a mark to be graphically represented for the registration purposes in the United States. The Trademark Rules of Procedure explicitly provides for the registration of sound marks. Sound marks which are not used in printed or written form can be registered when submitted on a disc However, the criteria for registering a sound mark differs from those traditionally applied to word marks. In Re General Electric Broadcasting Co[14], General Electric Broadcasting Company sought to register, as a sound mark, a ships bell clock as a service mark for radio broadcasting services. The Trademark Trial and Appeal Board (T.T.A.B.) held that this sound mark could not be registered because it was not proven to identify the applicants services. The Board held that the mark was not inher ently distinctive and secondary meaning[15] had not been proven. The opinion, written by administrative Judge Lefkowitz, stated that à ¢Ã¢â€š ¬Ã…“the criteria for the registration of sound marksà ¢Ã¢â€š ¬Ã‚  differed from traditional trademark analysis. The aural perception of a sound mark may be fleeting, unless à ¢Ã¢â€š ¬Ã…“the sound is so inherently different or distinctive that it attachesà ¢Ã¢â€š ¬Ã‚  and awakens the subliminal mind of the listener when heard and is associated with a particular source or event. The opinion set forth conditions under which sounds function as source indicators.à ¢Ã¢â€š ¬Ã‚ [16] A distinction must be made between unique, different, or distinctive sounds and those that resemble or imitate commonplace sounds or those to which listeners have been exposed under different circumstances. This does not mean that sounds that fall within the latter group, when applied outside of the common environment cannot function as marks for the service s in connection with which they are used. But, whereas the arbitrary, unique or distinctive marks are register able as such on the Principal Register without supportive evidence, those that fall within the second category must be supported by evidence to show that purchasers, prospective purchasers and listeners do recognize and associate the sound with services offered and/or rendered exclusively with a single, albeit anonymous, source.à ¢Ã¢â€š ¬Ã‚  In other words, because of their nature, sound marks require proof of distinctiveness, or in the alternative, proof of secondary meaning, before being entitled to registration. But a different spectrum of distinctiveness than that applied to traditional marks is followed.[17] The TTAB has defined the spectrum as the distinction between à ¢Ã¢â€š ¬Ã…“unique, different, or distinctiveà ¢Ã¢â€š ¬Ã‚  sounds on the one hand and à ¢Ã¢â€š ¬Ã…“commonplaceà ¢Ã¢â€š ¬Ã‚  sounds on the other hand. It is pertinent to highlight three iss ues. Firstly, there is no need to prove secondary meaning in the case of inherently distinctive sounds. However, there is neither any explanation of inherently distinctive sounds or commonplace sounds nor any criteria for distinguishing inherently distinguishable sounds from common place sounds. Secondly, we can draw a close analogy between sound marks and word marks. Sound marks that are presumed to be inherently distinctive are similar to the arbitrary or fanciful marks. Both of them donà ¢Ã¢â€š ¬Ã¢â€ž ¢t require any proof of secondary meaning. In contrast, place sounds are similar to the descriptive words in a sense that both require proof of secondary meaning during registration of the mark. Lastly, Sound marks are different from the Word marks because the former doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t require any graphical registration while graphical representation is necessary for the latter marks. This doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t mean that sound marks are in any way inferior to the word mark s. They perform the same function as performed by the word marks.[18] Thus, the description of the sound is the only means for presenting, in any printed record, the essence of the mark.à ¢Ã¢â€š ¬Ã‚ [19] This is done because actual sound cannot be represented visually and, hence, the U.S. system recognizes the description of the sound in the application as the accepted scope of the mark being sought. Accordingly, sound marks have been registered with descriptions using onomatopoeia, listed musical notes, and simple declaratory phrases, but generally there is no preferred method for the description of a sound. INDIA LAWS RELATING TO à ¢Ã¢â€š ¬Ã…“SOUND TRADE MARKà ¢Ã¢â€š ¬Ã‚  PROTECTION Non Conventional trademarks are those trademarks which do not fall under the conventional category of trade. There has been no act which defines what non conventional is but with different case the understanding that has come up is that it is essential for trade mark to be visible to be represented but there are some trademarks which cannot be visible but can be heard, smelled, or could be tasted this kind of trademarks are called as non conventional trademark as sound being one of them. Musical Note, jingle, noise sound of an animal falls under the preview sound. To use sound as a part of trade it is necessary to be protected under trademark. The Sec 2 (1) (zb) of the Indian Trade Mark Act defines trademark[20] and as per Section 18[21] of the Indian Trademarks Act, any application for registration of a trademark should be in compliance with Rules. According to Rule 25(12)[22] b of the Trade mark Rules, 2002 the application for registration of a trademark for goods and services has to be such that it can be depicted graphically. Further, Rule 28 makes it clear that the trademark should be such that it can be represented on paper. Rule 30 further makes a specification to the effect that the graphical representation made should be durable and satisfactory. In addit ion to this, what needs to be remembered is that Rule 29(3) makes it explicit that three-dimensional marks can also be registered and so can a combination of colours. Sec 9 (3) makes exceptions to registrability of shapes as a trade mark if it result or where the shape gives substantial value to the goods. It might also be noted that Sec 2 (1) m of the Trademarks Act defines mark to be an inclusive definition consisting of shapes and packaging of goods or a combination of colours.[23] INDEPENDENT ANALYSIS:- The Indian Courts follows the concept of graphical representation to register sound trademark. The first sound mark that has been in India is the Yahoo doodle. The important issue is that it is necessary to show secondary meaning for the unconventional trademarks such as sound marks before allowing registration of the sound mark in cases where the sound is related to some object and has primary meaning. (Ex: dog barking à ¢Ã¢â€š ¬Ã…“BOW BOWà ¢Ã¢â€š ¬Ã‚  cannot be regis tered until it defines a secondary meaning to it which helps to distinguish the producer of a good.) The limited applications on registration of sound mark have resulted in the prevalence of ambiguities in the realm of unconventional trademarks. The proposed TMR manual of 2008 states that sound may be registered in India if it can be represented graphically and be distinguished from others. It provides limitation on using of nursery rhymes, simple music (one note), chimes, and music of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s own country. In USA sound to be trademarked need to be unique in nature and even if it is not unique it should be such that it should justify itself that the mass can determine its product by hearing the respective sound relating to the product, whereas India has limited its view on non traditional mark by imitating the stand of European Union. Sound marks are widely used in trade and it becomes difficult to graphically represent sound in all cases. The representation of sound t hrough onomatopoeia or sonogram becomes difficult as onomatopoeia of a sound can be written differently and interpreted differently from what is actually heard as for the use of sonogram in sound it cannot reflect the correct notes it only measures the frequency of the sound. For registration of sound one should look into the uniqueness of the sound rather than graphical representation of it if a sound can reflect and attach a product to it than it should be allowed to protect as a sound mark. The TRIPS in Art 15 have defined Trademark as any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. It further states that Members may require, as a condition of registration, signs to be visually perceptible. The article read out as à ¢Ã¢â€š ¬Ã…“may requireà ¢Ã¢â€š ¬Ã‚  which gives us a wider description and that denotes that even without the graphical representation non conventional trademark can be re gistered. For the better growth of the economic industry and better utility of products the courts should step ahead from Shield requirements and should imitate an act which is similar to Lanham Act. For Non conventional trade mark it has to go for two test before it can be granted a trade mark .The test has evolved with time where earlier it was just restricted to the source identifier test and distinctiveness test but in USA in the case of Hardly Davidson, the functionality test was taken to determine the test of sound of v twin engine but the before the court could upheld anything the case had been withdrawn, The functionality test is taken to check if the mark that has to be registered if it have a functional approach will not be liable be under trademark protection. Sound in general is technical in nature and sound can be produced from any source and any kind of sound can be registered, to distinguish what kind of source that can be laid under trademark the test of functiona lity is required to check if the graphical representation of the sound does not fall under the category of functional doctrine. The problem with the general public is with the understanding of non conventional trademark is to relate the graphical representation in common parlance. In the case of Sieckman where the plaintiff tried to register the formula of methy cinnamnate as à ¢Ã¢â€š ¬Ã…“C6H5-CH=CHCOOOCH3 the court rejected the contention that this is cannot be trademarked as formula cannot be held as a graphical representation. The understanding that can be related regarding to be that on view of keeping sample one really needs to look into the methods that can be acquired for graphical representation in common parlance. In USA cases of registering sound as trademark the person need to submit a sample of the sound in wav, mp3 format which help other registrarà ¢Ã¢â€š ¬Ã¢â€ž ¢s to relate to it. Even in India the yahoo doodle gave a graphical representation of its sound an al so had given a mp3 format which help to satisfy the understanding in common parlance. Trade mark jurisdictions like US, has its Trade Mark Electronic Search System (T.E.S.S.)and the European Union has its Community Trade Mark Online which are free searchable online trade mark registers, which helps ensure that graphical representation and the process of registration and also the process of registration in general fulfil their public information functions. One thing that still haunt, both the registered proprietor and the applicant/third party user since there is no clarity as to who shall determine if marks are deceptively similar, and the peril of trespass would be higher if indefinite means of representation are legalized for the purposes of registration. The juxtaposition of an unsolicited ban to recognise untraditional trademarks under legislation removes the cushion against a tone deaf judge and precludes a person of a remedy in law; but this definitely gives more food for thou ght before grant of registration in favour of unconventional marks. 1 [1] Kritarth Pandey, Non Conventional Mark Analysis, https://ssrn.com/abratct.php (last accessed on Sept. 12,2014). [2] Ibid. [3] Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00, 12 Dec 2002, European Court of Justice. [4] Arka Majumdar, The Requirement Of Garaphical Representability for Non- Conventional Trademarks, Vol. 11 (5) JIPR .313-317, 316 (Sept.2006) [5] Ibid., 315. [6] Amicus letter of the INTA in Sheild Mark BV v J Kist, 91 Trademark Reporter 1269 (2001). [7] Shield Mark BV v. Kist, Case C-283/01, The European Court of Justice. [8] Supra n.3. [9] Dev Gangiee, Non-Conventional Trademarks in India, Vol. 22(1) National Law School of Indian Review, 67-95,72(2010). [10] Sound Decription, https://www.copat.de/markenformen/soundmarkenabroad2005.pdf , last accessed on Sept 11,2014 [11] The United States Trademark Association Trademark Review Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Report to Congress had recommended that the terms à ¢Ã¢â€š ¬Ã…“symbol or deviceà ¢Ã¢â€š ¬Ã‚  should not be deleted or narrowed to preclude registration of such things as colour ,shape ,smell or sound which function as a trademark. Their suggestion was followed by the US Congress. See Jane C. Ginsburg , Trademarks and Brands-An Inter Disciplinary Critique, 93 (Cambridge University Press 2008). [12] 15 U.S.C. Sec 1127. [13] Ralf Sieckmann v. Deutsches Patent and Markenamt, Case C-273/00,12 Dec 2002,European Court of Justice. [14] In re General Electric Broadcasting Co., Inc., 199 U.S.P.Q. 560 (T.T.A.B. 1978). [15] The concept of secondary meaning is based on the idea that marks that are descriptive of a product are ordinarily not protectable as trademarks. However, some marks may be protected if they have acquired an association or secondary meaning for the consuming public as an identifier of the source of goods. To establish secondary meaning for a mark, a party à ¢Ã¢â€š ¬Ã…“ must show that the primary significance of th e mark in the minds of the consuming public is not the product but the producer. .See Daniel R. Schechter,5 Fordham Intell. Prop. Media Ent. L.J. 481. See also Zatarains, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786, 791 (5th Cir.1983). [16] Supra. n. 1. [17] Supra. n. 1. [18] Supra. n.1 [19] Kawasaki Motors Corp. v. H-D Michigan, Inc., 43 U.S.P.Q.2d 1521 (T.T.A.B. 1997). [20] à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã…“trade markà ¢Ã¢â€š ¬Ã‚  means a mark capable of being represented graphically and which is capable of distinguishing the goods or service of one persons from those of others and may include shape of goods, their packaging and combination of colours : and.à ¢Ã¢â€š ¬Ã‚  . [21] Trade Mark Act 1999 (Act of .47.of 1999). [22] Trade Mark Rules 2002 ( GSR 114 (E) of February 26 2002). [23] NEHA MISHRA, Registration of Non-Traditional Trademarks, Vol. 13 ,JIPR 43-58, 57 (Jan, 2008)

Workplace Diversity Within The Engineering Profession

Introduction This report will outline workplace diversity within the engineering profession, with a particular focus on female and indigenous participation. This includes an overview on what encompasses workplace diversity, its subsequent impact on business performance and the role of unconscious biases. Finally, recommendations will be outlined regarding policies to foster diverse workplaces. Workplace diversity in engineering †¨ No two engineering firms are alike in their practices, culture or professional team: elements encompassing workplace diversity. Green, et al. (2002) defined workplace diversity as â€Å"acknowledging, understanding, accepting, valuing, and celebrating differences among people with respect to age, class, ethnicity,†¦show more content†¦Results varied depending on industry and type of diversity (racial, gender, age, etc.). For racial diversity: †¢ Knouse and Dansky (1999) found that performance increased as racial diversity increased to 30% of a work group, before subsequently declining. †¢ Siciliano (1996) found greater social performance when increased quantities of minority groups were board members. Gender diversity: †¢ Tsui O Reilly, 1989 found a negative relationship between diversity and performance. †¢ Knouse and Dansky (1999) found that performance increased as women members increased between 10 and 50% a work group, before declining. Irrespective of literature, diversity is widely accepted to be positive by reducing staff-turn over, and enabling the attraction of higher caliber candidates (Lewis and Cox, 2007). Furthermore, indigenous representation in engineering will allow developmental projects in remote, Aboriginal communities to occur in a more culturally appropriate manner. The most substantial argument for diversity is the ability to improve profitability via full productive capacity (Sharp et al., 2011). For example, Mckinsey Company (2007) found â€Å"companies in the top quartile for racial and ethnic diversity are 35 % more likely to have financial returns above their respective national industry medians.† Further empirical evidence from

For Obeying With the Recommendations †MyAssignmenthelp.com

Question: Discuss about the Obeying With the Recommendations. Answer: The purpose of my memoranda is based on the issue in the regularity of information that has been provided to our future clients. Thus, there have been certain policy changes and the agents are requested to obey the guidance mentioned in this memo. From a huge survey done upon the clients it has come up that they are facing issues regarding the information that are providing about the different services we provide. Keeping this in mind, we have decided to make certain changes in our policies. Agents are requested to follow these recommendations through the changed policies for the companys benefits and good will. As we know choosing, an oversea course and study destination is a strenuous job and so students come to us for guidance. Though the agents have been aware of the policies that what to deliver and how but still there seems to be some issue regarding that. The problem might have arrived due to lack of experience of some agents; the agents should provide information regarding those universities that are under their authorization because otherwise they cannot get the proper information about those that are not tied up with them. We cannot guarantee any permanent Visa and work placement and so we should not give false hopes to attract students. Our job is to help with application and so we need to be honest throughout the application process. Education agents job is to provide assistance and provides the options for getting educating abroad. Even if the agents do not have any experience of being educated abroad, with the daily experiences they are having with the clients they must have ac quire some experiences, which should help them, grow. The changes in the policies that are recommended for the agents are that they must get acceptance from the organization before preparing any material for local marketing and for advertising them to the clients. Once they are seeking for this acceptance the hierarchy will also get to know about the materials they have prepared and thus the advertising and marketing will be free from any faults. The agents are in a way representing the moral values of the company to the clients and thus they must do indulge in any kind of unethical marketing. The agents must be confirm that that they are appropriately enlightened with the instructions that they are delivering to the clients, they must be having appropriate knowledge for the courses that they are offering because if the agents will have the accurate knowledge then only they can guide the students. There are a number of institutions, that are in our list and the agents must present all the institutions in an equitable and fairly manner s o that the clients get to know about all the options that they can opt for while they are selecting universities abroad. As we also find accommodation for the students who are going abroad through us and we are assisting them throughout thus the agents needs to be specific and honest so that the clients get what they have been promised by our agents. In this way the expectations of our clients will be encountering with the experience that they will be having in future and if they are satisfied and get what they have been promised then that will be beneficial for our company. Now apart from the universities and accommodations we also help our clients with the transport related advices. However when we are doing that we must enlighten them will the cost of estimation, the concessions as well as other benefits related to that. And lastly the advices that we for childcare services to the students abroad we must be more specific about the durations of the services like the opening hours as well as the university breaks. Thus, these are the recommendations that we want the agents to follow to get over the pr oblems that our clients are facing which can effect out good will in the future and so to avoid that we must take these precautions. Thus, from the memo you will get to know the crisis that our clients are facing and for which we have to make these upper recommendations so that they can get authentic information for studying abroad. The recommendations are given in details in this memo, which the agents must abide by. By following the upper recommendations, we can hope that our services will be providing help to the clients. In addition, if clients are satisfied with our services than they can also recommend their friends and relatives and help in expanding our marketing. Our honesty will definitely help our clients to have a hassle free journey and so in that way they will have a nice experience with us. If on the pre hand we are letting our clients know about all the benefits, concessions and estimated cost in a clear then they will have the faith on us while investing their money. By providing accurate and on the point information we can actually help the client to have built real expectations that can be met. Being clear, honest and straight towards the information we are providing we will be able to build a reputation and good name for our organization in the competitive market as well. Therefore, it is very important for our agents to be true and to obey the recommendations that are revealed in this memo to maintain the organizations reputation and provide a detail and thorough information to the clients so that they get a clear idea about education facilities and processes for going abroad. In case you have any query or if you think that, you need any assistance from our side regarding the improvised policies or anything regarding the issues, please do not hesitate to contact me in the official working hours at Sigma Global. References Hanson, V., Caputo, John S., Caputo, Giovanni. (2015).Studying Abroad: Adaptive Communication for Effective Intercultural Interactions,ProQuest Dissertations and Theses. Highum, A. (2014).Undergraduate Global Education: Issues for Faculty, Staff, and Students. New York: John Wiley Sons, Incorporated. Importance of studying abroad needs to be increased. (2017, February 27).UWIRE Text, p. 1. Lack of information prevents some students from studying abroad. (2013, March 28).UWIRE Text, p. 1. Nguyen, M. (2012). Vietnamese Students' Transitions in Study Abroad Programs.Australian Journal of Career Development,21(3), 13-22. Notre Dame adds new summer study abroad programs Students study abroad in alternative programs. (2016, January 22).UWIRE Text, p. 1. Quick Tips for Students who want to Study Abroad. (2015, March 03).UWIRE Text, p. 1. Zhuang, Weiling, King, Kristen, Carnes, Lana. (2015). Studying Abroad: Understanding the Relationships among Beliefs, Perceived Value, and Behavioral Intentions.Journal of Teaching in International Business,26(1), 32-45.