Registrability in UK Law

  • 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 ......
  • 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 the ......
  • 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 reputation ......
  • 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 ......
  • 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 ......
  • 3-D Scrabble Tile: Not A Sign Capable Of Graphical Representation
    • Mondaq United Kingdom
    ...... as a helpful reminder for those defending trade mark infringement proceedings of how it can be a useful tactic to challenge inherent registrability of a non-conventional mark, even where that mark enjoys ample reputation and high levels of distinctiveness. The content of this article is ......
  • Protecting Your Brand… How? What? Why?
    • Mondaq UK
    ......In particular, ask your lawyer to: (a) check the trade mark registry for existing conflicting trade marks, and (b) advise on the registrability of your chosen mark (applications will be refused if, for example, they are considered too descriptive). The content of this article is intended to ......
  • Trade Mark Menu - Smells Off!
    • Mondaq United Kingdom
    ...The registrability of smells as trade marks is now in serious doubt. Late last week, the ECJ held that the current methods used to identify olfactory marks on the ......
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT