A Mark of Distinction: Branding and Trade Mark Law in the UK from the 1860s

2009 ◽  
Author(s):  
John Mercer
Keyword(s):  
Trade Mark ◽  
Trade Mark Law ◽  
The Uk

24. Trade marks—an introduction

2019 ◽  
pp. 397-402
Author(s):  
Paul Torremans
Keyword(s):  
Trade Mark ◽  
Trade Marks ◽  
Trade Mark Law ◽  
The Law ◽  
The Uk

This chapter discusses the historical roots of trade marks, the need for reform, and the rationale of a system of trade marks. Over the last decades, trade mark law has been harmonized in Europe; in the UK, the Trade Marks Act 1994 saw a sea change in the law of trade marks.

Keyword Advertising: Challenging the Traditional Concept of “Use” under Malaysian Trade Mark Law

2009 ◽  
Vol 4 ◽  
pp. 1-17
Author(s):  
Pek San Tay
Keyword(s):  
Online Advertising ◽  
Trade Mark ◽  
Traditional Concept ◽  
Trade Marks ◽  
Search Terms ◽  
Keyword Advertising ◽  
Internet Users ◽  
Trade Mark Law ◽  
The Uk ◽  
The U.S

AbstractKeyword advertising involves the sale of keywords, sometimes comprising the trade marks of others, by search engine providers so that the keyword purchasers' advertisements are triggered as sponsored results whenever Internet users type in any of the keywords as search terms. This method of online advertising is new and novel and has been embraced widely by many businesses. However, its legality, particularly in the sale of keywords comprising the trade marks of others, has been challenged in a number of major jurisdictions. This article examines the approach of the courts in the U.S. and the UK with regard to the practice of keyword advertising with particular emphasis on the concept of “trade mark use.” With these foreign decisions serving as a useful guide, this article analyses and evaluates whether the practice of keyword advertising is legal under Malaysian trade mark law as embodied in the Trade Marks Act 1976.

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.

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