Genuine use of trade marks: the CJEU clarifies territorial scope

2013 ◽  
Vol 8 (5) ◽  
pp. 351-353
Author(s):  
A. G. Micara
Keyword(s):  
Trade Marks ◽  
Genuine Use

26. Trade marks—infringement and revocation

2019 ◽  
pp. 446-488
Author(s):  
Paul Torremans
Keyword(s):  
Trade Mark ◽  
Trade Marks ◽  
Trade Mark Infringement ◽  
Indefinite Number ◽  
Genuine Use ◽  
The Common ◽  
The Law ◽  
The Uk ◽  
Nature Quality

This chapter discusses the law on trade mark infringement and revocation. Section 10 of the Trade Marks Act 1994 establishes the basic criteria for an infringement action. If a mark is already on the Trade Marks Register, it is an infringement to use the same mark for the same goods or services. The grant of a trade mark lasts initially for 10 years from the date of its registration, and this may be renewed for a seemingly indefinite number of further periods of 10 years thereafter on payment of the appropriate fee. There are four grounds listed in s. 46(1) of the 1994 Act for revocation: (i) five years’ lack of genuine use of the mark in the UK without cause; (ii) a suspension for the same period (after initial use); (iii) the mark has become the common name for the product in question in the trade; and (iv) if the mark has been used in a misleading manner, especially as to the nature, quality, or origin of the goods or services in question.

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.

DIRAMODE S.A. v TURNHAM

2019 ◽  
Vol 136 (10) ◽  
pp. 624-635
Author(s):  
Keyword(s):  
Trade Marks ◽  
Likelihood Of Confusion

Abstract H1 Trade marks – Opposition proceedings – Word marks – PINKIES – Descriptiveness – Assessment of likelihood of confusion – Weight to be given to conceptual differences – Appeal to Appointed Person

Certification marks for Australian native foods: A proposal for Indigenous ownership of intellectual property

2021 ◽  
pp. 1037969X2098271
Author(s):  
David J Jefferson
Keyword(s):  
Intellectual Property ◽  
Cultural Knowledge ◽  
Indigenous Australians ◽  
Policy Agenda ◽  
Commercial Products ◽  
Trade Marks ◽  
Native Foods ◽  
Certification Mark

Recently, interest in ‘bush tucker’ foods has surged. Indigenous Australians should be empowered to determine how their knowledge is used when these products are commercialised. To exercise control over the development of the native foods industry, Indigenous Australians could establish a certification regime to ensure that their knowledge is appropriately converted into commercial products. This could be done through the strategic use of intellectual property, specifically through certification trade marks. Creating a certification mark for native foods could represent an important part of a decolonial policy agenda aimed at reimagining the regulation of native biodiversity and cultural knowledge in Australia.

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