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Trade Marks - Case Study Example

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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…
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Trade Marks

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. ... Read More
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