Trade Mark Law (UK) - Registration Criteria 1 Flashcards

1
Q

What are the three criteria a proposed mark must satisfy to be a trade mark under UK law?

A

Definition under Section 1(1), absolute grounds, and relative grounds.

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2
Q

The 2015 Trade Marks Directive removed what major requirement for representation?

A

Graphical representation of marks.

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3
Q

Which case involved the rejection of “a transparent collecting bin” as a trade mark because it was not a ‘sign’?

A

Dyson Ltd v Registrar of Trade Marks

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4
Q

Under the Sieckmann criteria, which of the following does NOT contribute to representation requirements?

a) Intangibility
b) Clarity
c) Durability
d) Objectivity

A

Intangibility

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5
Q

Which unconventional mark was successfully registered by Toshiba due to changes brought by the 2015 Directive?

A

A multimedia mark featuring folding triangles.

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6
Q

A trade mark must distinguish goods or services of one undertaking from those of others.

True or False

A

True

A trade mark must distinguish goods or services of one undertaking from those of others.

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7
Q

Colours can only be registered as trade marks if they are submitted with a complete verbal description.

True or False

A

False

Colours can be registered with a specific colour code like Pantone, not just a verbal description.

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8
Q

Removing the graphical representation requirement has made it easier to register sound or motion marks.

True or False

A

True

Removing the graphical representation requirement has made it easier to register sound or motion marks.

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9
Q

The “substantial value” test excludes shapes or designs that primarily serve to enhance the product’s aesthetic appeal from registration.

True or False

A

True

The “substantial value” test excludes shapes or designs that primarily serve to enhance the product’s aesthetic appeal from registration.

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10
Q

The Sieckmann criteria are no longer relevant following the 2015 Trade Marks Directive’s changes.

True or False

A

False

The Sieckmann criteria are still relevant for ensuring clarity and precision in representation.

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11
Q

What are the three components of the definition of a trade mark under Section 1(1) of the TMA 1994?

A

The three components are: it must be a ‘sign’, capable of representation, and capable of distinguishing goods or services.

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12
Q

Explain why the “specificity” requirement is essential for registering a trade mark.

A

Specificity ensures that the trade mark is clear and precise, allowing others to understand the scope of protection and avoid infringement.

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13
Q

How did the case Shield Mark BV v Joost Kist address the graphical representation of sound marks?

A

The case highlighted the need for musical notation or equivalent representation for sound marks, as descriptions alone were insufficient.

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14
Q

What practical impact did the Societe des Produits Nestle SA v Cadbury UK Ltd decision have on single-color marks?

A

The decision emphasised the need for precise colour definitions, such as Pantone references, to ensure distinctiveness.

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15
Q

Describe how the 2015 Directive affected the representation of unconventional trademarks.

A

The 2015 Directive allowed for non-graphical representations, enabling digital formats for unconventional marks like sounds and motions.

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16
Q

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.

A

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.