header-logo header-logo

Pop goes the trade mark

13 January 2023 / Laura Trapnell
Issue: 8008 / Categories: Features , Intellectual property
printer mail-detail
106310
Laura Trapnell weighs up the elements contributing to the distinctive character of a three-dimensional trade mark
  • Last October in the EU, the General Court considered whether the combination of a registered three-dimensional mark with other elements constituted genuine use of the original mark, and whether such combined use altered the distinctive character of that mark.

As trade mark practitioners, we advise our clients to ensure that the representation of any figurative trade mark application, whether national or international, accurately depicts the mark as used in the course of trade. We know that the reality of the commercial world means that brands morph over the years, and ensuring that living brands remain true to the registered figurative marks is crucial to ensuring the ongoing protection of the brand and that the registered marks remain valid.

This is equally pertinent when it comes to three-dimensional marks.

The power of three dimensions

Some of us may recall the flurry of applications for three-dimensional marks which heralded the arrival of the Trade Marks

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll