[TM] Function

Question 1

What is the main function of trademarks?

Answer 1

“to provide the ORIGIN of the g/s

L’oreal v Bellure (origin • quality • commerical strategy)

1) use as indicator of origin
2) inicator of quality
3) instrument of commercial strategy for advertising purposes/reputation for customer loyalty”

Question 2

UK v EU main perceptions on TM?

Answer 2

“L’oreal v Bellure

• Same smell like L’oreal (perfume)
• UK: Must have actual harm (Jacob LJ)
• CJEU: Free riding coat tails

Note: consider this w the aim of TM= origins for consumers. this would hurt”

Question 3

What are the main traits in common in TM systems

Answer 3

“1. Indefinitite

2. In use
3. Classification
4. Territorial if national “

Question 4

What are the requirements for a TM?

Answer 4

“CIPA v Registrar of TM

1. relevant g&S
2. Specification
3. Deposit representation

New s1(1)

1. Presented clear and precise
2. Distinguishing G&S”

Question 5

What are some problems w the old TM?

Answer 5

“Wide, bad w unconventional.

why: needed strict and easily clear requirements for monopoly”

Question 6

“What are the Sieckmann criteria? (7)

Answer 6

“1. Clear

2. precise
3. Self-contained
4. Intelligible
5. Easily accessible
6. Durable
7. objective.

Note: use sieckmann to rip any mark into shreds.”

Question 7

What types of marks are troublesome when being ‘clear and precise?’

Answer 7

“1. Colour (Self-containted, durability)

2. Smell (objective, clear)
3. Sound (easily accesible, intelligible)
4. Taste (precise, objective)”