examination of vouchers come under the scope of
Applications made for a colour per se, accompanied by a sample of the colour and a form of description which implies (rather than categorically defines) how the colour is intended to be used is not considered acceptable. An applicant can ask for a hearing if they do not agree with any objection raised by the examiner. above. This means that trade marks which contain the terms ‘Scotch’ and/or ‘Scotch Whisky’, and which are intended for registration in respect of drinks products in classes 29, 30, 32 and 33, can only be registered for a limited specification, namely Scotch Whisky. 2. This principle is well established in Although Section 11 of the Act contains various provisions designed to protect Were it not for the use of quotation marks, the term “Lovely” may simply have been considered descriptive. If the results of the search suggest reasonably widespread use amongst e.g. Buckingham Palace, London As the Board of Appeal pointed out, the distinctive part of a domain name is not the TLD, which is generic, but the second-level domain – which, in the present case, is devoid of distinctive character. An application for a mark which therefore consists of such a sound, applied for in relation to fire alarms, is likely to be subject to an objection under Section 3(2)(b). There is, therefore, in theory, no legal requirement for the non-distinctive “secondary” mark to have been used alone before it can be registered on the basis of acquired distinctiveness. The company whose trade mark is used on the goods may be a manufacturer or a producer of those goods, or they may be a retailer selling a third party’s goods, or they may be both the producer/manufacturer and retailer of the goods. The word ‘Taste’ per se is descriptive for the goods claimed, being either a reference to the In Philips, the CJEU ruled that that this provision. generic names for specific substances in the fields of (a) veterinary substances (b) The purpose of this Section is to prohibit the registration of marks which cannot perform the soft toys and jewellery, where product shape varies greatly, it will be more difficult (although not impossible) for such three-dimensional signs to perform the function of a trade mark, at least for certain categories of goods. A question on the exam could be, "what is the scope statement?" The fact that the goods/services may only be sold in a certain environment, or in a specific price range, should not be taken into account when deciding whether to notify. ‘DIETETIX’ (‘diatetics’) for dietician services Kensington Palace, London It follows that the most common and familiar pub names are unlikely to be seen as indicators In other cases it should be disclosed how the parties were selected. The signs ‘NURSING TIMES’ and ‘NURSING WEEKLY’ would be acceptable, however, as they are not immediately and exclusively descriptive. A further meaning given for the word ‘master’ is “a machine or device that operates to control a similar one” (Collins Dictionary). October 26, 2020. The relevant public will be aware of the character’s long-standing association with the Marvel brand, and will assume that use of the name is either under the control of, or sanctioned by, Marvel comics, and so would recognise its capacity to function as a trade mark. because the average consumer would only perceive the descriptive or non distinctive However, following the judgment of the ECJ in the Postkantoor case, C-363/99, the above example would not be acceptable. In cases where a trade mark refers to a particular place-name, an objection under section 3(3)(b) will only be justified where: A mark is acceptable if there is no realistic possibility of deception. This will normally only apply when flexibility is a desirable characteristic of the goods/services applied for foe example ‘FLEXIPIPE’ (for pipes) would not be acceptable as it is desirable for pipes to be flexible. A series of trade marks means a number of trade marks which resemble each other as the trade mark. Terms of Reference for Human Appeal in Turkey “Audit- FY-2020 – 2021” Reference: HA/001/2021 Introduction: Human Appeal is a UK based not-for-profit organization, with a strong network in more than 23 countries of the world at the moment. Single letters can also be used descriptively on other goods, for example the letters ‘L‘ and ‘S’ are often used to denote performance characteristics of a range of cars or sizes on clothes.. The names of fictional characters/stories will be accepted prima facie unless they are well known to the extent that they have passed into common language and culture. For example, the mark ‘The Red Balloon’ for ‘Toys games, playthings, balloons, soft toys, plush toys, ride on toys, toy vehicles’ would face a partial objection as the mark would not be acceptable for ‘Toys games, playthings, balloons’ but would be acceptable in respect of ‘soft toys, plush toys, ride on toys, toy vehicles’. Similar considerations apply to representations (i.e. However, every case must be considered on its own merits. This can assist in isolating any recognition resulting simply as a result of guesswork, from more a concrete identification. applicant using the sign in an obviously descriptive manner may be relevant. Section 67 provides that anyone may inspect the contents of any file once the mark in They will also need to comply with the PGI. For example, the average consumer is unlikely to understand the meaning of the Spanish language term ‘Paellera’. (play on words), THE FRUIT, THE WHOLE FRUIT, AND NOTHING BUT THE FRUIT . The PHA performs a monthly calculation electronically to determine whether - Nevertheless, it should also be borne in mind that towns, cities and regions located in countries outside of the UK are unlikely to be as familiar to UK consumers as those which are within the UK. conceptual identities. advertised (section 39(3), rule 18). There is also all these, so you come up with requirements traceability matrix requirements traceability matrix, scope baseline, project scope statement, and work breakdown structure. Straightforward value statements that could apply to any undertaking are devoid of any distinctive character e.g. Don't hesitate, just come and try! Make the most of this awesome offer! The Figurative representations which are either a representation of the goods themselves or are indicative of the goods concerned, would be objectionable under sections 3(1)(b) and (c). Evidence of mere abstract recognition of the sign is unlikely to assist, especially if the doubt as to the trade mark’s ability to function is not about the extent of the use of the sign, but rather whether it is used for the purpose of identifying the goods or services of one particular undertaking. In Heidelberger Bauchemie GmbH (C-49/02), the CJEU introduced an additional requirement for marks consisting of a combination of colours in the abstract, without contours. This is an example which does not show that the applied for mark has been used as a secondary trade mark. example applies this practice in the context of a perfume bottle: Where there is no evidence that consumers customarily rely upon the shape of the product Nevertheless, consumers are used to relying on them as indicators of commercial origin and so consequently they can function as trade marks. website or extract from publications circulating in the UK). This may apply even where the combination of descriptive parts creates a word or phrase which has not been seen before and is unlikely to be used by other traders.