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Trade Marks Notes

LPC Law Notes > Commercial and IP Notes

Updates Available  

A more recent version of these Trade Marks notes – written by Cambridge And Oxilp And College Of Law students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial and IP Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Elective: Commercial & IP

Intellectual Property Rights Trade Marks Basics:
? Trade Marks Act 1994
? S.1(1): any sign capable of being represented graphically; which is capable of distinguishing goods or services of one undertaking from those of other undertakings
? Examples: music / small / logo / word How to Register
? A TM should be registered to acquire the IP protection [45 classes]
? Some marks can be specifically excluded:
? S.3(3)national emblems
? S.3(5)Marks contrary to accepted principles of morality
? Apply to UKIPO
? Prescribed form - TM3 + Fee [PS200] [attach logo is necessary]
? IPO sends filing receipt within 6 working days
? Examination done and report sent to applicant within 15 working days
? Mark is accepted
? Mark is published in Trade Mark Journal for 2 months - [if objections are raised - extended to 3 months]
? Registration Certificate issued [if no objections raised]
Can the client register: Three limb test:

1. Is the mark capable of being a TM - S.1(1) definition

2. Is the mark refused under any absolute grounds [S.3]

3. Is the mark refused for any relative grounds [S.5]
S.1 Definition Graphic representation




Can the TM distinguish the goods



Clearly reproduced in 8cm by 8cm square in the TM Journal Can the sign be drawn; written in words / numbers / symbols / described in very clear words Problems: sounds / scents [using chemical formula symbols unlikely to work]
Overlap with S.3 Absolute grounds "Deliberately Innovative" - no distinctive character in 2007 case

S.3 Absolute grounds S.2(1)(a) Sign does not satisfy S.1 requirements S.2(1)(b)

1 Devoid of distinctive character:

It sums up the product of business too accurately [e.g. "Shine]

Use of personal name:
? S.11[2] TMA = everyone entitled to use name freely - but this

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