12 Jun 2017

Auntie Jane's Trade Mark Tips: No. 4 - "What is a Trade Mark?"

The Beehive Pub Sign in Grantham
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Jane Lambert

Lots of things can be trade marks.

S.1 (1) of our Trade Marks Act 1994 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" and includes within the definition "words (including personal names), designs, letters, numerals or the shape of goods or their packaging".

Hannah Roberts mentioned some of the more unusual trade mark applications and registrations in her article "11 of the most unusual company and celebrity trademark applications and disputes" 31 Dec 2016 Business Insider UK.

The requirement of graphical representation (that is to say, that the sign can be written down in letters or figures) did present a problem when it came to smells because nobody could figure out how to express a perfume or other aroma in writing. However, that may change soon as the requirement for graphical representation will be replaced by a requirement that a mark must be
"represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor"
(see Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks).

Here's a question to ponder. Could a pub sign be a trade mark?  And if so, could the sign for The Beehive pub in Grantham which consists of a hive of been fall within the definition?  I discussed the issue in What has intellectual property got to do with Grantham? 4 Sept 2014 NIPC East Midlands. Do you agree?

Grantham, incidentally, is a very beautiful market town not far from the A1 and on the railway line London and  Scotland, the North East and Yorkshire. It is famous for its parish church, its grammar school where Sir Isaac Newton was a student, for the birthplace of our first and, so far, only successful woman prime minister, Gravity Fields (its biennial arts and science festival) and the magnificent Chantry Dance Company and Chantry School of Contemporary and Balletic Arts.

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