Choosing the right trademark for your digital products
By Chris Benson
Trademarks are extremely valuable forms of legal protection as they can be used to prevent third parties using identical or similar marks. They can also last forever if they continue to be used. However it is important that businesses choose the right trademarks as the wrong trade mark can give little if any protection.
A trademark means ‘any sign… capable of distinguishing goods or services of one undertaking from those of other undertakings’. As a general rule, words may not be registered if they are descriptive of the goods or services in relation to which they are used or if they are generic. No one business is entitled to monopolise a general descriptive word by registering that word which would prevent other businesses using the same descriptive word.
However businesses may want to use marks which describe the goods or services they provide. These are the marks which are most difficult to register. The more a mark is distinctive, the easier it is to register and the easier it is to prevent third parties using it. On the other hand, the more descriptive it is, the harder to register and the harder to stop third parties using…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town