United Kingdom Trade Mark Law
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United Kingdom Trade Mark Law
United Kingdom trade mark law provides protection for the use of trade marks in the UK. A trade mark is a way for one party to distinguish themselves from another. In the business world, a trade mark provides a product or organisation with an identity which cannot be imitated by its competitors. A trade mark can be a name, word, phrase, logo, symbol, design, image, sound, shape, signature or any combination of these elements. In UK law, as in most common law countries other than the United States and Canada, the term is written as "trade mark" (as in the Trade Marks Act 1994), not "trademark". Conferred rights The owners of a trade mark can legally defend their mark against infringements. To do so, the trade mark must either be registered, or have been used for a period of time so that it has acquired local distinctiveness (Prior Rights). The extent to which a trade mark is defendable depends upon the similarity of the trade marks involved, the similarity of the products or se ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Bass Brewery
The Bass Brewery () was founded in 1777 by William Bass in Burton-upon-Trent, Staffordshire, England. The main brand was Bass Pale Ale, once the highest-selling beer in the UK. By 1877, Bass had become the largest brewery in the world, with an annual output of one million barrels. Its pale ale was exported throughout the British Empire, and the company's iconic red triangle became the UK's first registered trade mark. Bass took control of a number of other large breweries in the early 20th century, and in the 1960s merged with Charrington United Breweries to become the largest UK brewing company, Bass Charrington. The brewing operations of the company were bought by Interbrew (now Anheuser-Busch InBev) in 2000, while the retail side (hotels and pubs) were renamed Six Continents plc. Because at the time Interbrew controlled a large portion of the UK beer market, the Competition Commission instructed Interbrew to sell the Bass brewery along with certain brands to Coors (now ...
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Company Names Tribunal
The Company Names Tribunal was created on 1 October 2008 in the United Kingdom and is a direct result of the coming into force of Section 69 of the Companies Act 2006. The Company Names Tribunal is administered by the UK Intellectual Property Office and only deals with complaints under Section 69 of the Companies Act 2006. A Company Names Adjudicator has been appointed to deal with complaints to the Company Names Tribunal. Fundamental concepts In essence any party can file a complaint to the Company Names Tribunal with regards the registration of a company name under the Companies Act whose name is the same as that associated with the complainant in which the complainant has goodwill in a business associated with the name or that the new company name is sufficiently similar to such a name and that its use in the United Kingdom would be likely to mislead by suggesting a connection between the company and the complainant. It is not necessary for the complainant to have a company r ...
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Trade Mark Law Of The European Union
Trade mark law of the European Union is governed by European Union law together with national law within those countries which are also member states of the European Union. Trade marks may be registered within individual countries, or across the whole of the EU (by means of a European Union trade mark). In the case of a European Trademark is granted a unitary character that applies protection for that mark across the whole of the EU with certain exceptions. Exceptions include but not limited to: specific language conflicts in a particular reason (see the "Combit" v "Commit" case for example ) as well as the case where there was a previously granted national trademark that would conflict in the case of a given EUTM (article 138 Regulation (EU) 2017/1001 https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32017R1001 ). Within EU member states, national law implements Directives so that the law governing national registrations in each jurisdiction is more or less equivalent; ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Trade Marks Directive
Council Directive No. 89/104/EEC (Repealed by EU Directive 2008/95/EC), to approximate the laws of the Member States relating to trade marks, was introduced into European Union law on 21 December 1988. Its provisions were required to be introduced into national law by 29 December 1991. On this date, the Directive therefore became law with direct effect in each of the member states of the European Union. Intention The Directive is intended to approximate the laws of the Member States of the European Union which relate to trade marks and to harmonise disparities in the respective trade mark laws which have the potential to impede the free movement of goods and provision of services, or to distort competition within the European Union. The Directive provided a framework of minimum provisions applicable throughout the European Union but did not seek to impose onerous obligations on national trademark registries. For example, the Directive did not stipulate how member states shoul ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Olympic Symbols
The International Olympic Committee (IOC) uses icons, flags and symbols to elevate the Olympic Games. These symbols include those commonly used during Olympic competition—such as the flame, fanfare and theme—as well as those used throughout the years, such as the Olympic flag. The Olympic flag was created in 1913 under the guidance of Baron de Coubertin of France. It was first hoisted in Alexandria, Egypt, at the 1914 Pan-Egyptian Games. The five rings on the flag represent the inhabited continents of the world (the Americas were considered as one continent and Europe was treated as distinct from Asia). It was made to contain the colours (blue, black, red, yellow, and green) which are common to almost all flags around the world. Motto and creed The traditional Olympic motto is the hendiatris ''Citius, Altius, Fortius'' which is Latin for "Swifter, Higher, Stronger". It was proposed by Pierre de Coubertin upon the creation of the International Olympic Committee. Coubertin bo ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Regalia
Regalia is a Latin plurale tantum word that has different definitions. In one rare definition, it refers to the exclusive privileges of a sovereign. The word originally referred to the elaborate formal dress and dress accessories of a sovereign, but now the word usually refers to any type of elaborate formal dress and dress accessories. The word stems from the Latin substantivation of the adjective ''regalis'', "regal", itself from ''rex'', "king". It is sometimes used in the singular, ''regale''. In the abstract The term can refer to the rights, prerogatives, and privileges that are held exclusively by any sovereign, regardless of title (emperor, grand duke, etc.). An example of that is the right to mint coins, and especially coins that bear one's own effigy. In many cases, especially in feudal societies and generally weak states, such rights have in time been eroded by grants to, or usurpations by, lesser vassals. Royal dress, accessories, and associated pomp Some em ...
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IPod
The iPod is a discontinued series of portable media players and multi-purpose mobile devices designed and marketed by Apple Inc. The first version was released on October 23, 2001, about months after the Macintosh version of iTunes was released. Apple sold an estimated 450 million iPod products as of 2022. Apple discontinued the iPod product line on May 10, 2022. At over 20 years, the iPod brand is the oldest to be discontinued by Apple. Like other digital music players, some versions of the iPod can serve as external data storage devices. Prior to macOS 10.15, Apple's iTunes software (and other alternative software) could be used to transfer music, photos, videos, games, contact information, e-mail settings, Web bookmarks, and calendars to the devices supporting these features from computers using certain versions of Apple macOS and Microsoft Windows operating systems. Before the release of iOS 5, the iPod branding was used for the media player included with the ...
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