Trade Mark Law (UK) - Registration Criteria 1 Flashcards
What are the three criteria a proposed mark must satisfy to be a trade mark under UK law?
Definition under Section 1(1), absolute grounds, and relative grounds.
The 2015 Trade Marks Directive removed what major requirement for representation?
Graphical representation of marks.
Which case involved the rejection of “a transparent collecting bin” as a trade mark because it was not a ‘sign’?
Dyson Ltd v Registrar of Trade Marks
Under the Sieckmann criteria, which of the following does NOT contribute to representation requirements?
a) Intangibility
b) Clarity
c) Durability
d) Objectivity
Intangibility
Which unconventional mark was successfully registered by Toshiba due to changes brought by the 2015 Directive?
A multimedia mark featuring folding triangles.
A trade mark must distinguish goods or services of one undertaking from those of others.
True or False
True
A trade mark must distinguish goods or services of one undertaking from those of others.
Colours can only be registered as trade marks if they are submitted with a complete verbal description.
True or False
False
Colours can be registered with a specific colour code like Pantone, not just a verbal description.
Removing the graphical representation requirement has made it easier to register sound or motion marks.
True or False
True
Removing the graphical representation requirement has made it easier to register sound or motion marks.
The “substantial value” test excludes shapes or designs that primarily serve to enhance the product’s aesthetic appeal from registration.
True or False
True
The “substantial value” test excludes shapes or designs that primarily serve to enhance the product’s aesthetic appeal from registration.
The Sieckmann criteria are no longer relevant following the 2015 Trade Marks Directive’s changes.
True or False
False
The Sieckmann criteria are still relevant for ensuring clarity and precision in representation.
What are the three components of the definition of a trade mark under Section 1(1) of the TMA 1994?
The three components are: it must be a ‘sign’, capable of representation, and capable of distinguishing goods or services.
Explain why the “specificity” requirement is essential for registering a trade mark.
Specificity ensures that the trade mark is clear and precise, allowing others to understand the scope of protection and avoid infringement.
How did the case Shield Mark BV v Joost Kist address the graphical representation of sound marks?
The case highlighted the need for musical notation or equivalent representation for sound marks, as descriptions alone were insufficient.
What practical impact did the Societe des Produits Nestle SA v Cadbury UK Ltd decision have on single-color marks?
The decision emphasised the need for precise colour definitions, such as Pantone references, to ensure distinctiveness.
Describe how the 2015 Directive affected the representation of unconventional trademarks.
The 2015 Directive allowed for non-graphical representations, enabling digital formats for unconventional marks like sounds and motions.
How does the “substantial value” test balance the need for product innovation with fair competition in the context of trade mark law? Provide an example to illustrate your point.
The “substantial value” test ensures that trade marks do not monopolise aesthetic features that enhance product appeal, maintaining fair competition.
For example, a unique bottle shape that adds aesthetic value might be refused registration to prevent unfair advantage.