Registrability in UK Law

  • Colour Cohesion: The Secret To Registering Your Alcohol Bottle Shapes?
    • Mondaq UK
    ... ... 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 ... ...
  • Transport Research And Innovation Grants 2022 (TRIG 2022) Now Open To Applicants
    • Mondaq UK
    ... ... 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 ... ...
  • Protection Of Colour Combination Marks
    • Mondaq UK
    ... ... 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 ... ...
  • Loss Of Gravity For The Moon Boot
    • Mondaq UK
    ... ... 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 ... ...
  • One Too Many Pink Ladies
    • Mondaq UK
    ... ... potential risks to the use and/or registration of a mark, both in ... terms of inherent registrability and third party rights. It is ... always worth checking that "the one that I want" is the ... one you can have - before there's "nothin' left, ... ...
  • Descriptive Trade Marks - Round 2
    • Mondaq United Kingdom
    ... ... public have to make some mental activity to work out whether the mark refers to the quality of the goods, this may assist the mark's registrability ... It would also help in registrability if members of the public are uncertain as to the nature of the reference to the quality or the character of ... ...
  • Death By A Thousand Cuts? Court Of Appeal Refers Trade Mark Dilution Questions To ECJ
    • Mondaq United Kingdom
    ... ... of Patten J on 26 July 2006 (which in turn was an appeal from a Trade Marks Registry decision of Mr Reynolds) on the issue of the registrability of word mark 'Intelmark', registered in class 35 for "marketing and telemarketing services." ... The High Court held that Intel has a huge ... ...
  • SLOGANS: Can They Be Registered As Trade Marks?
    • Mondaq United Kingdom
    ... ... The European Court of Justice (ECJ) recently ruled on the registrability of slogans as trade marks in Office for Harmonisation in the Internal Market v Erpo Möbelwerk GmbH (Case C-64/02). The case is the latest in a line ... ...
  • Are Slogans Registrable As Trade Marks? Audi Finally Progress At The ECJ
    • Mondaq United Kingdom
    ... ... The ECJ also gave guidance as to the registrability of slogans, noting that a slogan which possessed characteristics such as having a number of meanings, being a play on words or able to be perceived ... ...
  • Every Little Helps: How To Protect Your Slogan As A Trade Mark
    • Mondaq United Kingdom
    ... ... The recent decision of the Court of First Instance in T-523/09 Smart Technologies ULC v OHIM (2011) considered the registrability of the word mark WIR MACHEN DAS BESONDERE EINFACH ("we make special (things) simple"). In doing so it confirmed that the following principles were ... ...
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