Trade Mark Law (UK) - Law and Functions Flashcards
What is a trade mark primarily used for?
Distinguishing goods or services of one undertaking from others.
Which of the following is NOT considered a type of trade mark?
a) A logo
b) A shape of goods
c) A government seal
d) A word or combination of words
c) A government seal
What is required for a trade mark to be registered in the UK?
It must be a sign capable of distinguishing goods or services.
What’s the leading example of a case protecting against “passing off”?
Reckitt & Colman v Borden Inc (1990)
Which brand revision was noted as an example of evolving signifiers over time?
Starbucks’ logo in 2011
A trade mark guarantees the physical origin of the product.
True or False
False
A trade mark guarantees the trade origin, not the physical origin.
Consumers must associate consistent quality with trade marks for them to be effective.
True or False
True
Consistency in quality is crucial for effective trade marks.
The financial value of trade marks is purely based on their design appeal.
True or False
False
The financial value is based on brand reputation and market presence, not just design.
Unregistered trade marks cannot be protected under UK law.
True or False
False
Unregistered trade marks can be protected under common law through passing off.
The modern functions of trade marks include their roles in advertising and communication.
True or False
True
Modern functions include advertising and communication roles.
Explain the primary role of a trade mark under classic trade mark principles.
The primary role of a trade mark under classic principles is to guarantee the origin and quality of the product, ensuring consumers can distinguish it from others.
What is meant by “dilution” in the context of trade marks? Provide an example.
Dilution refers to the weakening of a trade mark’s distinctiveness through unauthorised use on non-competing goods. Example: Using ‘Rolls Royce’ for unrelated products.
What are the three critical criteria for a trade mark to be registered under the Trade Marks Act 1994?
The three criteria are: it must be a sign, capable of being represented clearly, and capable of distinguishing goods/services of one undertaking from others.
Describe the financial significance of trade marks to the economy, using data provided in the guide.
Trade marks contribute significantly to the economy, with trade mark-intensive industries accounting for 21% of jobs and 34% of EU GDP.
How did the L’Oréal v Bellure case expand the understanding of trade marks’ modern functions?
The L’Oréal v Bellure case recognieed additional functions of trade marks, such as advertising and investment, beyond just indicating origin.
Name one international agreement that influences trade mark law in the UK and summarise its significance.
The Paris Convention influences UK trade mark law by ensuring non-discrimination and protection for well-known marks internationally.
