scholarly journals Trade-Marks and Related Companies: A New Concept in Statutory Trade-Mark Law

1949 ◽  
Vol 14 (2) ◽  
pp. 234
Author(s):  
Leslie D. Taggart
Keyword(s):  
Trade Mark ◽  
Trade Marks ◽  
Trade Mark Law

Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan
Keyword(s):  
Three Dimensional ◽  
Trade Mark ◽  
Fourth Dimension ◽  
Trade Marks ◽  
Four Dimensions ◽  
Trade Mark Law ◽  
Dimensional Shape ◽  
Three Dimensional Shape

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

HOW THE TRADE MARKS ACT SHAPES UP TO PERPETUAL MONOPOLIES

1998 ◽  
Vol 57 (2) ◽  
pp. 235-273
Author(s):  
JENNIFER DAVIS
Keyword(s):  
Engineering Design ◽  
English Language ◽  
Trade Mark ◽  
Consumer Products ◽  
Big Business ◽  
Trade Marks ◽  
Trade Mark Law

In British Sugar plc v. James Robertson & Sons Ltd. [1996] RPC 281, Jacob J. asked whether the 1994 Trade Marks Act enables “big business to buy ordinary words of the English language at comparatively little cost”. His answer was a resounding “no”. In Philips Electronics NV v. Remington Consumer Products, 22 December 1997, he asks whether trade mark law, by conferring a perpetual monopoly, can interfere with the freedom to manufacture artefacts of a “desirable and good engineering design”. The educated reader might hazard that he would again answer in the negative. And so it transpires. The thrill of the chase is to see how Jacob J. interprets the Act to reach this conclusion.

Distinctiveness Acquired Through Use

2016 ◽  
Author(s):  
Alexander Mühlendahl ◽  
Dimitris Botis ◽  
Spyros Maniatis ◽  
Imogen Wiseman
Keyword(s):  
Trade Mark ◽  
Legal Basis ◽  
Trade Marks ◽  
Secondary Meaning ◽  
Trade Mark Law ◽  
American Trade

Trade marks that are not inherently distinctive or that are descriptive or generic may nevertheless be registered if they have, as a result of the use that has been made of them, acquired distinctiveness, or what is called in US American trade mark law, ‘secondary meaning’. The legal basis for this basis for registration is found in Article 3(3) of the Directive and in Article 7(3) CTMR.

The rise, fall and convolution of the intent to use requirement under New Zealand trade mark law

2020 ◽  
Vol 10 (1) ◽  
pp. 87-114
Author(s):  
Rob Batty
Keyword(s):  
New Zealand ◽  
Trade Mark ◽  
Intention To Use ◽  
Trade Marks ◽  
The United Kingdom ◽  
Intent To Use ◽  
Trade Mark Law ◽  
History Of ◽  
Bona Fide ◽  
Historical Developments

The ‘cluttering’ of trade mark registers with unused trade marks is an issue of contemporary concern. One mechanism that can be used to prevent ‘deadwood’ trade marks from getting on the Register in the first place is to ensure that a trader has a genuine intention to use the trade mark. Indeed, the enactment of the first registration legislation in the United Kingdom (UK) was followed by a judicial insistence that a trader could not ‘properly register a trade mark’ if the trader did not have bona fide and present intention to use the trade mark. An intent to use requirement remains a feature of New Zealand (NZ) law, though it has a much reduced sphere of operation under the Trade Marks Act 2002. Tracing historical developments, this article examines how the regulation of the intent to use requirement has evolved under NZ law. This exercise provides a useful lens for understanding how and why the intention to use requirement operates as it currently does. Further, by examining the history of the intent to use requirement, the article also illuminates that there is nothing intractable about how NZ trade mark law has opted to regulate intention to use, and NZ law may be adjusted to better address concerns like cluttering.

27. Trade marks—European and international aspects

2019 ◽  
pp. 489-514
Author(s):  
Paul Torremans
Keyword(s):  
Competition Law ◽  
Trade Mark ◽  
Free Movement ◽  
Registration System ◽  
Trade Marks ◽  
Trade Mark Law ◽  
Free Movement Of Goods ◽  
International Aspects ◽  
Paris Convention ◽  
The Eu

This chapter discusses the international and European aspects of trade marks. Trade mark law is based on the Paris Convention and the TRIPS Agreement, with the Madrid system offering an international registration system. Inside the EU, one can also register a single trade mark for the whole of the Community by means of the Community Trade Mark Regulation. Trade mark law also has a substantial interaction with the Treaty provisions on the free movement of goods, but minimal conflict with competition law.

9. Trade marks

2019 ◽  
pp. 209-230
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Legal History ◽  
Industrial Revolution ◽  
Trade Mark ◽  
Trade Marks ◽  
Domestic Trade ◽  
Trade Mark Law ◽  
History Of ◽  
Historical Uses ◽  
The Way

This chapter studies trade marks, considering the historical uses of trade marks and the development of UK trade mark law. The way in which trade marks are used has, in some ways, changed little, even though trading conditions today are far removed from those of previous times. Although medieval use was primarily to guarantee quality, use since the Industrial Revolution has been to tell the consumer about the origin of the goods. Meanwhile, the legal history of trade marks shows that the principles articulated in the early cases continue to influence today's law. There is the perennial concern that trade marks create unfair monopolies. The chapter then looks at the commercial functions fulfilled by trade marks in the age of the consumer, with the objective of showing the dilemma inherent in trade mark law. It also examines how EU reforms have impacted on domestic trade mark law.

scholarly journals Legal Implication of the Effect of the TRIPS Agreement on the Trade Marks Law in Nigeria

2016 ◽  
Vol 12 (10) ◽  
pp. 140
Author(s):  
Temitope O. Oloko
Keyword(s):  
International Trade ◽  
Public Relations ◽  
Trade Mark ◽  
Developing Nations ◽  
Trips Agreement ◽  
Trade Marks ◽  
Legal Effect ◽  
Parallel Importation ◽  
Trade Mark Law ◽  
Legal Implication

The implication and the effects of the TRIPS Agreement in developing nations are constantly unfolding. Modern businesses use trade marks as an important public relations tool for marketing purposes. Considering the importance of the TRIPS Agreement in the trade mark regime, assessing the legal effect that the Agreement has on the law in Nigeria helps in determining the compliance of the Trade Mark Law to a large extent. The aim of this article is to identify the areas of compliance and to discuss the diversity and effectiveness of the TRIPS agreement. The article sheds light on the level of compliance of the Trade Marks Law and the expected impact. This could help in identifying the level of fulfilment of Nigeria’s international trade obligation. The study contributes to knowledge by providing insights in determining the extent to which the Trade Mark Law still need reformation. The areas covered by this article are limited to service marks, well-known marks, the requirement for use, and parallel importation.

scholarly journals The David-And-Goliath-esque Problematic of “Unfair Advantage” in Trade Mark Law: Is the EU Moving Towards a Categorical Protection of Famous Brands?

2021 ◽  
Vol 52 (8) ◽  
pp. 1069-1085
Author(s):  
Heather Taylor
Keyword(s):  
Trade Mark ◽  
Trade Marks ◽  
Goods And Services ◽  
Unfair Advantage ◽  
Similar Sign ◽  
Trade Mark Law ◽  
Investment Function ◽  
David And Goliath ◽  
Exceptional Character ◽  
The Eu

AbstractThe extended protection of trade marks with a reputation is losing its “exceptional” character, making way for an almost categorical bar to the registration of any competing sign; indeed, the “unfair advantage” requirement appears to have been confounded with that of similarity. Certainly, trade marks are recognized as a legitimate restriction of the freedom of commerce and, arguably, in principle, competitors can and should invest their own efforts into conceiving and promoting an original sign under which they can market their goods and services. Nevertheless, trade mark law, insofar as it protects the investment function of a reputed mark, does not for as much shield the proprietor from all competition, even if this means that he must work harder in order to preserve this reputation. Indeed, the use of a similar sign is sometimes deemed to be ineluctable, where the applicant demonstrates that he cannot reasonably be required to abstain from using such a sign as, for example, it would be made necessary for the marketing of his products. This is especially true where the sign makes use of descriptive terms or elements in order to indicate the type of goods or services offered by the applicant under the mark applied for. This paper aims to critically discuss the most recent EU and UK jurisprudence on “unfair advantage” in the context of trade mark registration and infringement, focussing primarily on the components of this EU creation and how they are interpreted by courts on both a national and EU level.

scholarly journals How the Domain Name Scruffles are Rocking the Foundations of Trade Mark law

2001 ◽  
Vol 32 (1) ◽  
pp. 321
Author(s):  
Rachel Keane
Keyword(s):  
United States ◽  
Mass Media ◽  
The United States ◽  
Trade Mark ◽  
Proper Function ◽  
Domain Name ◽  
Trade Marks ◽  
Potential Value ◽  
Trade Mark Law

The central proposition of this paper is that it is no longer valid to assert that the only and proper function of the trade is to denote the source of the product to which it is affixed.  Trade marks are being employed in many diverse ways.  In the age of mass media, trade marks may provide the key to marketing successfully.  The dilution doctrine has developed in recognition of the potential value of a trade mark to tis owner.  Anti-dilution provisions, as far as they go, do provide a useful tool in protecting the trade mark itself.  However, as technology continues to advance, so does the trade mark function.  The so-called domain name disputes, primarily in the United States are evidence of this claim.  Not only have the decisions in these cases furthered the development of the trade mark legislation, they have demonstrated the inadequacies of the current trade mark legislation and the desperate need for reform.  These inadequacies are examined and reform is proposed.  Finally, the paper assesses the desirability of allowing the further expansion of the trade mark.  It is submitted that the proper expansion of the trade mark should not be resisted. 

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