Trade Marks

Jane Lambert













1 Dec 2016

A trade mark is a sign, or combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. It may be a word, including a personal name, letters, numerals, designs, combinations of colours or combination of such signs.  A trade mark may be registered with the British, European Union or some other national or regional intellectual property office in relation to specified goods or services. In many circumstances, its use may be restricted by the law of passing off.

Registration confers upon the registered proprietor
"the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion."
A likelihood of confusion is presumed where an identical sign is used in respect of identical goods or services.

Call me on +44 (0)20 7404 5252 or send me a message through my contact form for further information.


Videos


IPO       IP Basics: Should I get a trade mark?   27 Nov 2015

Further Reading


Date
Author
Title
Publication
14.06.2017
Jane Lambert
NIPC Law
13.06.2017
27.05.2017
04.04.2017
01.12.2016
NIPC Branding
12.08.2016
NIPC News