Monday, December 11, 2017

The basics of trademark law UKIPO

Excellent Resource on UKIPO, TM law. 

What is a trade mark?In the UK, the trademark regime is predominantly governed by the Trade Marks Act 1994, and is largely harmonised the EU trade mark law. Section 1 of this Act defines a trade mark as:
"any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings."
A trade mark must be:

1. A sign
2. Capable of being graphically represented -
3. Capable of distinguishing goods or services of one undertaking from those of other undertakings 


Three options when it comes to applying to register a trade mark:
  1. Firstly, you can register a trade mark by applying to the United Kingdom Intellectual Property Office (abbreviated to the UKIPO). 
  1. The second option is to file an application with the EU Intellectual Property Office (abbreviated to the EUIPO). 
  1. An application can be made using the Madrid Protocol.


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