Issue link: https://htpgraphics.uberflip.com/i/116727
Intellectual Property Section 1 Trade Marks It is difficult to avoid trade marks in day to day life. PEPSI, EASYJET, SHELL, GUINNESS, iPod, SELFRIDGES, Virgin are all examples. Trade marks denote the origin and the quality of the products they relate to. A well-known trade mark is often the most identifiable element of a successful product or service. They will often make a customer prefer one product over another. Selecting the trade mark can therefore be crucial and so protection of it is fundamental. The most successful brands are often those that are completely distinctive, e.g. Sony. Trade marks can be registered in the UK and/or throughout the EU through a single Community Trade Mark and/or in other countries/regions. They can also arise automatically if a mark has been used and has consequently built a reputation. Unregistered trade marks are, however, more difficult to enforce. If you can, it is always better to register. A registered trade mark needs to be able to distinguish the goods or services of one person from those of another. It must be: n distinctive, e.g. "MARS" for chocolate bars; n it must not be descriptive of the goods or services to which it is applied, such as 'BOOTS' for shoes; and n it must not be deceptive or contrary to public morality. Objections can be raised to a proposed trade mark, by the owner of an existing identical or similar trade mark registered for identical or similar goods or services. Trade marks are registered in different classes, which broadly distinguish different types of goods or services. Once registered it will initially last for 10 years, following which it can be renewed every 10 years. 12