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12 January 2018 / Athelstane Aamodt
Issue: 7776 / Categories: Features , Intellectual property
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What’s in a name?

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Athelstane Aamodt explores the weird world of what exactly you can trade mark

Many of us who grew up watching Blue Peter will be able to remember the bafflement we felt when its presenters would routinely use the phrase ‘sticky-backed plastic’ when referring to Sellotape. Why did they call it that when no-one else in the world seemed to? We now know of course that the reason was to do with the BBC’s policy of not mentioning brand names on air; ‘Sellotape’, much like ‘Hoover’, was an example of a brand name or trade mark becoming practically synonymous with the product, much to the chagrin of their rivals no doubt.

Trade marks are everywhere these days, and their value, as well as the complexity of their registration and their protection, is big business. But what can you trade mark?

Surprises & restrictions

Many words that we use in everyday speech and writing are trade marks. Surprising examples that are or have been trade marks include ‘aspirin’ (a trade mark of Bayer), ‘escalator’ (a trade

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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