12 Jun 2017

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

The Beehive Pub Sign in Grantham
Creative Commons Attribution Share Alike 2.0 Licence
Source Wikipedia






















Updated 23 May 2022

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 which is capable- 
 (a) of being represented in the register in a manner which enables the registrar and other competent authorities and thepublic to determine the clear and precise subject matter of the protection afforded to the proprietor,and 
(b) of distinguishing goods or services of one undertaking from those of other undertakings."
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 definition was recently changed to take account of smells because nobody could figure out how to express a perfume or other aroma in writing. 

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.

You will find my other tips indexed here.

If you are an entrepreneur, business owner or anyone else seeking guidance on UK trade mark law, I can give you up to 30 minutes of my time for initial advice and signposting. That may not be enough time to dispose of your issue but it should be enough to define it and assess what further assistance you need, what sort of professional is best placed to supply it and how and where to find such assistance.  


No comments:

Post a Comment