Trade Mark 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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Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
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In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.
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Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
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Secondly, he must demonstrate a misrepresentation by the defendant to the public (whether or not intentional) leading or likely to lead the public to believe that goods or services offered by him are the goods or services of the plaintiff.
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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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South Cone Inc. v Bessant and Others (t/a Reef)
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It is not suggested that he was not experienced in this field, and there is nothing in the Civil Procedure Rules to diminish the degree of respect which has traditionally been shown to a hearing officer's specialised experience. In such circumstances an appellate court should in my view show a real reluctance, but not the very highest degree of reluctance, to interfere in the absence of a distinct and material error of principle.
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Aristoc Ltd v Rysta Ltd
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The word "origin" is no doubt used in a special and almost technical sense in this connection, but it denotes at least that the goods are issued as vendible goods under the aegis of the proprietor of the trade mark, who thus assumes responsibility for them, even though the responsibility is limited to selection, like that of the salesman of carrots on commission in Major v. Franklin, 1908 1 K.B. 712.
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Compass Publishing BV v Compass Logistics Ltd
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It is frequently said by trade mark lawyers that when the proprietor's mark and the defendant's sign have been used in the market place but no confusion has been caused, then there cannot exist a likelihood of confusion under Article 9.1(b) or the equivalent provision in the Trade Marks Act 1994 ("the 1994 Act"), that is to say s. 10(2). In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.
- The European Union Trade Mark Regulations 2016
- The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014
- The Legal Services Act 2007 (the Chartered Institute of Patent Attorneys and the Institute of Trade Mark Attorneys) (Modification of Functions) Order 2014
- The Community Trade Mark (Amendment) Regulations 2008
- Trade Mark Licensing and the Bostitch Decision
- Trade Mark Infringement as a Criminal Offence
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The Consumer as the Empirical Measure of Trade Mark Law
Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish...
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ARTISAN : a prototype retrieval system for trade mark images
Before a trade mark can be registered at the UK Patent Office, registrars need to ensure it isn't confusingly similar to any of 300,000 existing marks in the Registry's database. Many trade marks t...
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Chapter CG68220
.... . . . The term “trade mark” refers to the name or other symbol used to identify the goods ......
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Chapter CG68210
.... . . . The term “trade mark” refers to a name or symbol used to identify the goods produced by ......
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Chapter INTM630310
...... in S907 did not include royalties and other income related to trademarks or brand names. This meant there was no need to withhold tax on such ......
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Chapter CIRD49030
...... 2 product lines developed pre-production with related registered trade marks and other intangible assets. 2004 – Product 1 recreated via new ......