In the UK, the Trade Marks Act 1994 governs the issues pertaining to trademark law. Under the provisions of the TMA 1994, the trademark should be distinct from others in all manners. The distinctiveness of trademark is the fundamental requirement for registering a trademark…
Section 3 of this Act requires a trademark to be distinctive. As such, section 1 of the Act stipulates that the trademark should render it possible to differentiate the goods or services of one undertaking from that of the others. An application for a mark that tends to mislead or deceive the public will not be registered. Moreover, under the provisions of section 5 of this Act, a trademark applied for registration is compared with protected trademarks in the UK. Some examples of protected trademarks are UK national marks, CTMs and international registrations that have specified the EU or the UK. In Philips Electronics NV v Remington Consumer Products, it was held by the court that a sign was anything that conveyed information. This definition clearly addresses signs involving words, designs, letters, and numerals, as all of these can be represented graphically without much difficulty. Apparently, this seems to create a difficulty with regard to odours and flavours (Lee, 1999). All the same, this perceived obstacle to registering such marks did not prove to be difficult to overcome. A pyramid shape for chocolate mints, "pointymints", similar in some ways to a well – known brand of triangular chocolate “Toblerone.” In this problem a pyramidal shape for a mint chocolate had been applied for registration. This shape was already possessed by Toblerone, a well – known brand of chocolates. In order to register a trademark, it must have fulfilled three fundamental requirements. ...
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Not only this, but it would effect the repute of the well known company.
Viewing the circumstances the well known company applied to refute the new application. The application for new brand was given in 29 November 2006 by Hffner GmbH to register the trade mark 'EXIMED' in 5 Class.
Marks and Spencer is largely a UK based organisation. Consequently, the employee relations adopted by the Company were British style. In the eighties and early nineties, the company was characterised by a tense relationship between members of the organisation and their superiors.
Then there is a discussion of the applicable law and the applicability of the recent Yahoo and Arsenal Cases.Possible defences for Donald and Bernard pertaining to their potential liability under the Trade Marks Act 194 and the tort of Passing off are accordingly discussed followed by an in-depth discussion of the rationale and scope of Georgio being able to protect his economic rights in the virtual world i.e.
In some cases IP gives rise to protection for mere ideas but in some others more elaboration and commercialization should occur before protection issues can arise. Similarly it is normally not feasible to protect IP and gain IP rights (or IPRs) unless they have been applied for and granted, but some IP protection such as copyright arises automatically, without any registration, as soon as there is a record in some form with some authority or system of what has been created.
Looking at the facts and circumstances underlying the case of Tom and Pete Soil manufacturers of gardening equipment, which they introduced in spring 2006, they have a right to prevent their competitors FR and ED and Salisbury supermarkets by inventing and selling the product.
Furthermore, to help depict the financial position and investment potential of the company, the financial ratios have also been used in the report.
The company's management structure has been depicted in the Corporate Governance section of the company's annual report for the year ended 2005 (Corporate Governance, accessed 24.02.06).
It is obvious that it is governed by laws in the United Kingdom as related to trade mark, copy rights and domain name registrations. The growth of knowledge economy has led to increased usage and abusage of the rights of individuals and organizations towards protection of their patented works.
Marks & Spencer's often referred to as Marks &Sparks by the localities i.e. the people of the UK, has an international presence with over 560 stores in the UK 278 worldwide, spread across 39 countries. Its retail clothing accounts for 11% and food and beverages account for about 4.3% market share in the UK and the international business accounts for 7.9% of the group's turnover (Annual report, 2008)
Marks & Spencer PLC is a United Kingdom based retailer with over 700 branches in the UK and over 360 in more than 42 nations. The product range of Marks & Spencer PLC is grouped into food and general merchandise.
12 Pages(3000 words)Case Study
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