Trademarks

Question 1

Dyson v Registrar of TM

Answer 1

No abstract conceptions- specific format is required

Question 2

JW Spear &a Mattel v Zynga

Answer 2

SM we’re owners of scrabble and wanted to trademark a square shaped ivory sign with a variation of numbers on one side- this was too vast

Question 3

Libertel Group BV v Benelux

Answer 3

Colours- L applied for registration of the colour ‘orange’ and in the box applied an orange box without reference to any colour code- the court put focus on graphical representation and the need for it to be clear, precise and self contained (siekman test)
Held: the mere colour was not durable enough or it ma fade and it may change slightly depending on the background-
The court deemed an internationally recognised colour identification code is precise and stable enough to pass the test

Question 4

Elvis Presley TM

Answer 4

The public did not assume that these goods come from one source that was linked to the singer

Question 5

Have a Break TM

Answer 5

Slogans: nestle attempt to register ‘have a break’- whenever the mark in question is not distinctive, is exclusively descriptive or has become a common or generic name will not be a bar to registration if it can be proven that, at the time, the mark was already 100% factually distinctive - distinctive character may be acquired through use of that mark as part or, in conjunction with a registered trade mark

Question 6

Re Coca-Cola

Answer 6

Three dimensional marks- denied registration of a bottle and other containers-
Lack of distinctiveness

Question 7

Smith Kline & French Lab

Answer 7

Lord Diplock: a Mark may be something applied to the surface of goods or incorporated in the structure of goods; there is nothing to exclude a mark which covers the whole visible surface of the goods

Question 8

Proctor v Gamble

Answer 8

Baby-Dry
Baby wipes- not distinctive, but rather descriptive with a secondary meaning
ECJ ruled that trademarks consisting of certain word combinations not used in common phraseology may be deemed creations, bestowing distinctive power on the trade mark. If the relevant goods or services or their essential characteristics are so formed, that they may be refused registration on the grounds that such marks are solely descriptive and non-descriptive

Question 9

Sieckman v Deutsches Patent

Answer 9

Balsamic vinegar with hints of cinnamon

Clear, precise, self-contained, easily accessible, intelligible, durable, objective

Question 10

Shield Mark BV v Kist

Answer 10

Animal sounds described using onomatopoeia- best was to represent sound is using specific musical notes with clef and treble clef ect denoting pitch and breaks

Question 11

Dyson v Registrar of TM

Answer 11

Transparent Bin
If registered Dyson would have a monopoly in the concept and would be able to prevent competitors from incorporating a bagless bin- this is not the purpose of TM law

Question 12

Nestle v Cadbury Holdings

Answer 12

‘Predominantly purple’ (Pantone 2685C)