Registrability in UK Law
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Thomson Holidays Ltd v Norwegian Cruise Line Ltd
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In my view that task should be carried out so as to limit the specification so that it reflects the circumstances of the particular trade and the way that the public would perceive the use. If the test of infringement is to be applied by the court having adopted the attitude of such a person, then I believe it appropriate that the court should do the same when deciding what is the fair way to describe the use that a proprietor has made of his mark.
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Designer Guild Ltd v Russell Williams (Textiles) Ltd (trading as Washington DC)
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Angiotech Pharmaceuticals Inc. v Conor Medsystems Inc.
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H Young (Operations) Ltd v Medici Ltd
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I do not think there is anything technical about this: the consumer is not expected to think in a pernickety way because the average consumer does not do so. In coming to a fair description the notional average consumer must, I think, be taken to know the purpose of the description. Otherwise they might choose something too narrow or too wide. The whole exercise consists in the end of forming a value judgment as to the appropriate specification having regard to the use which has been made.
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Compass Publishing BV v Compass Logistics Ltd
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Youview TV Ltd v Total Ltd
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I reject Mr Alexander's submission that one should construe database and database programs to "freestanding" ones. Mr Alexander's analogy with the car would only be relevant at all if the specification was limited so as to restrict it to goods where the database program was necessarily sold as a small part of a larger article. The specification in issue here does not have that effect.
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IPC Media Ltd v Highbury-SPL Publishing Ltd
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In copyright cases, chipping away and ignoring all the bits which are undoubtedly not copied may result in the creation of an illusion of copying in what is left. If you look at those remaining grains it is possible to say that similar patterns of distribution exist. It is even possible to say that these similarities are surprising. This type of artefact created by close attention only to the areas of similarity is a risk in any court proceedings.
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Trade Marks Act 1994
... ... the purposes of establishing which rights take precedence shall be the date of filing of the first Convention application, and(b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom in the period between that date and the date of the application ... ...
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Trade Marks Act 1938
... ... Registrability and validity of registration ... 9: Distinctiveness requisite for registration in Part A ... (1) In order for a trade mark (other than a ... ...
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The Registered Designs and Trade Marks (Isle of Man) (Amendment) (EU Exit) Order 2019
... ... (b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in ... ...
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The Trade Marks (Amendment etc.) (EU Exit) Regulations 2019
... ... any) accorded pursuant to a right of priority claimed pursuant to Article 35 in respect of the existing EUTM application; and(b) the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom which commenced in the period between the date referred to in ... ...
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Bridging the Divide between Rights In Personam and Rights In Rem in Land Transactions: A Comparative Perspective of Australian and South African Law
... ... In Registrar of Deeds (Tvl) v. the Ferreira Deep Ltd , 119 De Villiers CJ, whilst dealing with the registrability of a right in the deeds office, mentioned a special category of a personal right that exists prior to registration of a real right: ... That ... ...
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Ilanah Fhima and Dev S. Gangjee, The Confusion Test in European Trade Mark Law, Oxford: Oxford University Press, 2019, 278 pp, hb £125.00.
... ... of confusion? Once that discussion isbroached one needs to distinguish between distinctiveness for infringementand distinctiveness for registrability purposes. With these conceptual issuesneutralised, the book reverts to its primary strength of distinguishing in detailbetween a range of practical ... ...
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Shaving the Trade Marks Directive Down to Size?
... ... of the exceptions, together with the question of the extent to which policy concerns should be built into other parts of the test of registrability. 13 In the United Kingdom these issues were recently addressed by the Court of Appeal in Philips Electronics NV v Remington Consumer Products Ltd ... ...
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Lords Design Constraints
... ... to parts of an article which ‘must match’ another article.6 The introduction of these restrictions upon registrability reflects a belief that problems exist in relation to complex products which do not correspond to the image of the commodity ... ...
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Colour Cohesion: The Secret To Registering Your Alcohol Bottle Shapes?
... ... Recently, further guidance from the Fifth Board of Appeal (the ... Board) in relation to the registrability of 3D shapes (specifically ... in the drinks sector) has come to light. This follows an EUIPO ... examiner's decision to refuse registration of a ... ...
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Transport Research And Innovation Grants 2022 (TRIG 2022) Now Open To Applicants
... ... important. We can provide initial advice or opinions on the ... patentability of your ideas, or on the registrability of the design ... of the products themselves, or even likely risks to you if you are ... aware of, or need to find, third party IP. We are also ready ... ...
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Protection Of Colour Combination Marks
... ... Subject to any appeal by Red Bull to the CJEU, the decision was a blow for brand owners, setting the test for registrability of two-colour marks very high. Indeed, the effect of the decision seems to be that colour marks comprising colour combinations are harder to register ... ...
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Loss Of Gravity For The Moon Boot
... ... registered forever, unlike designs or other IP rights. However, ... fulfilling the legal registrability criteria at the application ... filing stage does not guarantee lifelong immunity from problems ... Trade mark protection is neither static nor ... ...