In the UK under s.3(1) Trade Marks Act 1994 ( TMA), a mark cannot be registered if it is devoid of distinctive character. It must be "distinctive" but is the test the same the world over and how can a brand owner satisfy the criteria? The UK Distinctiveness impacts on everything from the registrability of a mark, to its scope of protection, its enforceability and its continuing validity once registered. In order to fulfil that function a trademark must be able to distinguish itself from other marks or signs. The essential function of any trademark is to guarantee the identity of the origin of the marked goods or services to the consumer. This is the first of a series of articles in which we will draw on the expertise and experience of our team across the UK, France, Germany, the UAE, Russia, Singapore, China and Canada in order to give guidance on the approach to fundamental issues faced by trademark owners. Different countries have different processes, standards and definitions and brand owners must navigate these in the creation of a strong and effective brand portfolio. This brings many challenges and one of them is how to create, protect and enforce a brand which must be used across numerous territories. The growth of the online world has meant that many brands which previously would have been accessible by and promoted to a section of society are now available to the world. Kate Swaine, Stuart Ash, Céline Bey, David Aylen, Jamie Rowlands, Jon Parker
0 kommentar(er)
