Trademark Regulatory Framework and Creation

Question 1

What does ™ mean?

Answer 1

Unregistered Trade Mark- used as a warning e.g. if you use this mark we will sue for Passing Off (UK)- unfair competition in other countries.

Question 2

What does ® Mean?

Answer 2

It’s a registered Trade Mark

Question 3

What is the EU Directive/ UK statute for the creation of UK TM’s?

Answer 3

EU Directive 2008/95 was incorporated into UK law through the Trademarks Act 1994.

Question 4

Where do you apply for a UK trademark?

Answer 4

Intellectual Property Office

Question 5

What are the 2 types of trademark that can be applied for?

Answer 5

A National Trademark and a ‘Community Trade Mark’

Question 6

What is the ‘Community Trademark Regulation’?

Answer 6

Regulation 207/2009

Question 7

How are the two regulations for the two different types of TM different?

Answer 7

They are virtually identical.

Question 8

Where do the 2 types of TM converge/ meet?

Answer 8

European Court of Justice: National TM’s can be referred for preliminary ruling on points of law only (ART 267 TFEU).
The ECJ also acts as a final appeal court for community TM’s.

Question 9

Case where there ECJ where criticised for giving a ruling on the facts (said it was infringement).

Answer 9

Arsenal v Reed

Question 10

Where do you apply for a community TM?

Answer 10

The Office for Harmonisation in the Internal Market (OHIM)

Question 11

What are the differences between the 2 types of trademark?

Answer 11

A national Trademark is only registered in the country that granted the TM.
A community trademark is registered in all member states (1 application).