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71 Cards in this Set
- Front
- Back
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What is the definition of a trademark? |
Any signs in particular words (including personal names), designs, letters, numerals, colours, sounds, or the shape of goods or packaging, provided that such signs are capable of Distinguishing the goods of one undertaking from those of other undertakings and Being represented on the register in a manner which enables competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor |
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What are the absolute grounds for refusal of a trademark? |
Signs which do not satisfy the requirements of being a trademark Devoid of distinctive character Consist exclusively of signs or indications which may serve in trade to designate the kind quality quantity intended purpose value geographical origin time of production of goods or if rendering of services or other characteristics of goods or services Trademarks which consist exclusively of signs are indications which come customer and established practices of trade The above shall not be refused registration if before the date of application of registration trademark has in fact acquired a distinctive character as a result of these made of it Consists exclusively of the shape or another characteristic which results from the nature of the goods them selves, is necessary to obtain a technical result, which gives it its substantial value Contrary to public policy or to accepted principles of morality Of such a nature as to deceive the public (for instance as to the nature quality or geographical origin of goods or service) |
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What are the relative grounds for refusal of a trademark? |
Identical mark identical goods and services Identical mark similar goods and services Similar mark and identical or similar services where there exists a likelihood of confusion on the part of the public which include the likelihood of association with the earlier trademark Identical or similar mark, irrespective of similar or not similar goods or services, if the earlier trademark has a reputation in the UK (or EU or international) and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or the repute of the earlier mark |
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What must you do to get the protection of designation of origin or geographical indications? |
An application for a designation of origin or geographical indication must’ve already been submitted prior to the date of application for registration or the priority date, and the designation of origin or geographical indication must be subsequently registered |
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What happens if a trademark is refused in respect of only some of the goods or services it has applied for? |
The application is refused in relation to those goods and services only |
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What is the definition of an earlier trademark? |
Registered trademark which has an application for registration earlier than that of the trademark in question, taking into account, where appropriate, the priorities claimed in respect of the trademarks, including EU trademarks, international trademarks, UK trademarks, including EU international trademarks with a valid claim to seniority from an earlier registered UK or international trademark, even where the earlier trademark has been surrendered or registration has expired. Or, a trademark which is a well-known trademark |
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How is a trademark obtained? |
By registration |
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What should application for a trademark contain? |
Request for registration information identifying the applicant (the name and address) a list (statements) of the goods or services in respect of which registration is requested (it is sought to register the trademark) a representation of the mark which satisfies the requirements (being represented in the register…) Application fee, extra class fees if relevant (UK- ™ is being used by the applicant or they have a bona fide intention to do so) |
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What do you need to get a date of filing for an EU or UK trademark? |
Request for registration of trademark, address/name/identification,list or statement of services, representation of the mark |
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What is the deadline for paying an application fee for a EUTM? |
One month from filing application |
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How should the goods and services for protection be identified for a EUTM? |
With sufficient clarity and precision to enable the competent authorities, on that sole basis, to determine the extent of protection. Preferably by the NICE classification |
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For a EUTM, if your application does not meet the formal requirements (e.g. font size) or pay class fees, how long does the applicant have to remedy the deficiencies? |
Two months from receipt of the notification |
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With an EUTM, who gets sent the search report? |
At the applicant’s request, the applicant. If an earlier ™ or ™ application is cited, the proprietor of that ™. |
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What are the conditions for making a correction of a UKTM? What can be corrected? |
Correction does not substantially affect the identity of the ™ or extend the g/s covered by the application. Name/address, errors of wording or copying, obvious mistakes |
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If two goods and services appear in the same category, does it mean they are ‘similar’? |
Not necessarily |
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If two goods and services are in different classes, does this mean they are dissimilar? |
Not necessarily. |
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Who can submit third party observations on a EUTM? |
Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers |
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Who can oppose a UKTM registration? |
Any person |
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What is the difference between opposition and observations? |
Opposition = UK, observations = EU |
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In the UK, what is the time period for giving notice for opposition? |
5 years |
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With an EUTM, who gets sent the search report? |
At the applicant’s request, the applicant. If an earlier ™ or ™ application is cited, the proprietor of that ™. |
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What must you do to apply for the same subject matter in the same country as a previous application? |
Previous application must be withdrawn, abandoned or refused without leaving any rights outstanding It must not have yet (or thereafter) served as a basis for claiming priority |
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What must you do to claim priority for a EUTM and what are the time limits? |
File a priority claim with the application, including the date, number, country of previous application File supporting documentation within 3 months of filing |
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What must you do to claim seniority for a EUTM and what are the time limits? |
File a claim including the member state(s) in which the mark is registered, number and filing date of registration, g/s for which it is registered File with the application or within 2 months of filing File supporting documentation within 3 months of filing date (or within 3 months of receipt of seniority claim if claiming after application) |
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What are the conditions for making a correction of a UKTM? What can be corrected? |
Correction does not substantially affect the identity of the ™ or extend the g/s covered by the application. Name/address, errors of wording or copying, obvious mistakes |
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If two goods and services appear in the same category, does it mean they are ‘similar’? |
Not necessarily |
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If two goods and services are in different classes, does this mean they are dissimilar? |
Not necessarily. |
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Who can submit third party observations on a EUTM? |
Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers |
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Who can oppose a UKTM registration? |
Any person |
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Does someone making observations/opposition become party to proceedings? |
No |
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What is a convention application? |
An application for ™ protection in a convention country |
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What is the priority period for trademarks? |
6 months |
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What is a regular national filing? |
A filing which is adequate to establish the date on which the application was filed in that country, whatever the subsequent fate of the application. Priority can be claimed from a regular national filing |
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With an EUTM, who gets sent the search report? |
At the applicant’s request, the applicant. If an earlier ™ or ™ application is cited, the proprietor of that ™. |
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What must you do to apply for the same subject matter in the same country as a previous application? |
Previous application must be withdrawn, abandoned or refused without leaving any rights outstanding It must not have yet (or thereafter) served as a basis for claiming priority |
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What must you do to claim priority for a EUTM and what are the time limits? |
File a priority claim with the application, including the date, number, country of previous application File supporting documentation within 3 months of filing |
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What must you do to claim seniority for a EUTM and what are the time limits? |
File a claim including the member state(s) in which the mark is registered, number and filing date of registration, g/s for which it is registered File with the application or within 2 months of filing File supporting documentation within 3 months of filing date (or within 3 months of receipt of seniority claim if claiming after application) |
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What happens when a tm which seniority was claimed from (for a EUTM) is declared to be invalid or revoked? |
Seniority will lapse so long as revocation takes effect prior to filing date or priority date of EUTM |
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What are the conditions for making a correction of a UKTM? What can be corrected? |
Correction does not substantially affect the identity of the ™ or extend the g/s covered by the application. Name/address, errors of wording or copying, obvious mistakes |
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If two goods and services appear in the same category, does it mean they are ‘similar’? |
Not necessarily |
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If two goods and services are in different classes, does this mean they are dissimilar? |
Not necessarily. |
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Who can submit third party observations on a EUTM? |
Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers |
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Who can oppose a UKTM registration? |
Any person |
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Does someone making observations/opposition become party to proceedings? |
No |
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What is a convention application? |
An application for ™ protection in a convention country |
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What is the priority period for trademarks? |
6 months |
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What is a regular national filing? |
A filing which is adequate to establish the date on which the application was filed in that country, whatever the subsequent fate of the application. Priority can be claimed from a regular national filing |
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Can you claim seniority for a registered EUTM from an earlier ™ registered in a member state? |
Yes - file a claim with the name and address, registration number of EUTM, member state(s) in which earlier ™ is registered, number and filing date of registration, list of g/s, supporting documentation. |
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What is the time period between publication of an EUTM and it’s registration (given no opposition)? |
3 months |
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What is the duration of an EU or UK TM? |
10 years, and can be renewed for another 10 |
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When must the renewal be requested? |
Within 6 months prior to expiry or the further period of 6 months following expiry |
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What renewal fees are due upon renewal? |
Renewal fee, additional class fees if required, additional late payment fee if required |
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How do you renew a ™? |
Submit a request, pay the fee |
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What does a request for renewal of an EUTM include? |
Name of person requesting registration number of trademark Which g/s (if only part of the g/s are being renewed) |
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What is restoration? What is restitutio in integrum? |
Restoration of registration following non payment of renewal fees in UK/EU |
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What is the bar for restitutio in integrum? |
Inability to comply within a time limit was in spite of all due care |
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What is the deadline for applying for restitutio in integrum? |
2 months of removal of obstacle, 12 months of expiry of deadline |
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Can you claim seniority for a registered EUTM from an earlier ™ registered in a member state? |
Yes - file a claim with the name and address, registration number of EUTM, member state(s) in which earlier ™ is registered, number and filing date of registration, list of g/s, supporting documentation. |
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Do 3rd part rights arise in the case of restitutio in integrum? |
Yes |
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Can a third party oppose reestablishment of rights? |
Yes, within a period of 2 months from publication of mention of reestablishment |
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Can you transfer trademarks In the UK? |
Yes, a registered ™ is transmissible by assignment, testamentary disposition or operation of law in the same way as other personal or moveable property |
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Once a EUTM is registered, what legislation is it dealt with under? |
It is dealt with as a national trade mark registered in the member state in which The proprietor has their seat or domicile (Or if they don’t) The proprietor has an establishment (Or if neither) the member state in which the seat of the office is situated (In the case of joint ownership) the first proprietor mentioned, in the order in which they are mentioned |
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What is the time period between publication of an EUTM and it’s registration (given no opposition)? |
3 months |
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What is the duration of an EU or UK TM? |
10 years, and can be renewed for another 10 |
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When must the renewal be requested? |
Within 6 months prior to expiry or the further period of 6 months following expiry |
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What renewal fees are due upon renewal? |
Renewal fee, additional class fees if required, additional late payment fee if required |
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How do you renew a ™? |
Submit a request, pay the fee |
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What does a request for renewal of an EUTM include? |
Name of person requesting registration number of trademark Which g/s (if only part of the g/s are being renewed) |
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What is restoration? What is restitutio in integrum? |
Restoration of registration following non payment of renewal fees in UK/EU |
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What is the bar for restitutio in integrum? |
Inability to comply within a time limit was in spite of all due care |
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What is the deadline for applying for restitutio in integrum? |
2 months of removal of obstacle, 12 months of expiry of deadline |
