ATT Mock 1 recap Flashcards
Can unregistered trademarks still be protected?
yes, by pursuing a common law action for passing off
which are the 3 types of intellectual property that can be protected, even if it isn’t registered?
copyright, trademark and designs
Where a person has been given permission by the occupier of land to do something which would otherwise be unlawful in respect of the land of another person, they have been granted a…
license
if a solvent company is struck off without the need for lqiudiation or voluntary arrangement and is assets are valued at less than £25k, once struck off, can they be restored to the register?
yes, in certain circumstances
what does it mean when the gift is said to abate?
when the legatee loses entitlement to the gift where it has been used to oay the deceased liabilities or expenses of the personal representatives
beneficiaries can appoint new trustees but on what conditions? (4)
- no express nomination in the trust deed
- beneficiaries are all of full capacity
- beneficiaries all absolutely entitled
- beneficiaries all agree together
how can a trust be varied? (2)
- by the trustees (with a well drafted trust deed)
- by application to the court
where there is no express identity of a remainderman, the trust property will revert back to the settlor. what type of trust is this called?
resulting trust
