Searching And Clearance Including Classification Flashcards
What classes are goods?
What classes are services?
Goods = 1-34
Services= 35-45
Why is searching recommended before launching a brand?
-To check if the trademark is available for use and registration.
-check if any third parties could prevent you from using a mark.
What is available in a database to search for pharmaceutical brands that are being used but not necessarily registered as a trademark?
- Pharma in use
What are 4 consequences you could face if successfully sued for trademark infringement or passing off?
May be ordered by the court to
- stop using the mark
-Destroy/repackage existing stock
-pay the trade mark owner (damages/account of profits)
-contribute towards the other sides legal costs
Why would a search in the European Union cost considerably more than in the Uk?
There would be more register’s to search and even more so if a local legal opinion is needed for each country
Name four limitations to trademark searches
- errors on the registers
- delay in updating the registers
-common law rights
-well known marks and marks with a reputation may be entitled to protection even if not registered or entitled to protection for dissimilar goods/services. - effect of priority
Give one reason why a potential Al new client would register their trademark
Protects your brand and provides you with the tools to prevent someone using your mark for the goods and services listed in your registration.
What are the methods to overcome. A search identifying conflicting earlier marks?
- cancellation - it may be possible to cancel the problematic earlier mark. Common grounds include revocation of non-use.
-consent - the owner of the earlier mark may be willing to grant consent to use/registration
Purchase- it may be possible to purchase the earlier mark.
What are the different types of searches?
Word mark searches
Full search
Screening search
Device search
Common law searches
What is a trademark search?
A check for prior rights that may prevent you from adopting and using your trademark
How does the nice classification system aid the search of trademarks?
- narrows down searches to allow efficient searching if trade marks
What are the three filing routes for trade marks in the UK?
The regular filing route
Right start route
Designating the United Kingdom in an international application
What are the fees for right start applicants?
You pay 50% of the filing fees at filing, must be filed online the. Depending on the results of the examination report the applicant can either abandon the application or pay the remainder of the office fees. Must be paid within 14 days of the examination report being issued or the application will be abandoned.
Searching is recommended to avoid?
Being sued for trade mark infringement and or passing off
Facing obstacles to a trade mark application E.g citations; oppositions or cancellations
Why are semicolons used?
To separate individual goods and services and to avoid ambiguity
