International IP Practice Assignment Sample
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1. Introduction
The trademarks act 1994 has become important for the companies in order to register their trademark and give a protection to that trademark after coming under government rules and regulation. The court has taken initiation in order to interpret this law to give proper shape to the trademarks and the registrability of shaper marks in the UK. Several legal and policy issues related to the trademarks act 1994 have been covered in this research analysis, besides that, the application of principles of trademark has been evaluated here. Analysis and comparison based on outline principles of court procedure as per the impact on IP cases have been critically covered in this study analysis.
2. Identification of the legal and policy issues
This part of the research analysis on trade law act 1994 has covered several legal and policy issues related to that act and also describes how the courts have interpreted this law to give a proper shape in the trade business. The court has interpreted the trade law 1994 in order to provide proper shape to the trademarks of the registered companies and enhance other unregistered companies to be a part of this act[1]. The proper registration under this law is mainly based on several processes, those are registration, enforcement, and defence of the trademark. There are several legal issues related to trademark law 1994, the major parts are graphical representation, colour and sound mark, scents, and shape marks. The Court of the UK has taken initiative to include all companies under a common act and law, to continue this task they interpret in order to help those companies to register them in trademark act and also help to get a proper license from the government[2].
One of the major issues related to this law is focusing on non-traditional trademarks, in the UK several companies have focused on unconventional trademarks rather than coming under government rules and regulations. These non-traditional trademarks have become more effective in order to give protection to those registered trademarks and help them to continue their business in the UK, in Europe as well as in the international market. Another important issue is colour marks, in previous days the court was majorly focused on these colour marks or colour combinations by which they can make difference between several trademarks[3]. However, in modern times these colour marks are not so important in trademark registration and this became absolute gradually. The composition of several kinds of music of sound marks is also another issue like colour marks or colour combination.
Sound marks were important in previous days when the trademark registration has been verified, however, this registration system became problematic and this process was also demolished. Sound and colour mark is used in recent times only to create several impressions over a trademark, not as a clear verification of trademark. The court of the UK is very much responsible in order to register and supply proper licenses to every company to give a proper shape of trade. If the country is able to pick out any offensive trademark which is against the trademark law 1994, they will inquiry that person or that company and take initiation to remove that trademark and help that company or person to make a properly verified license.
The court will also help a registered company or person to possess any kind of infringing goods in their own custody[4]. The court can destroy that goods or material or that company who is acting under the law and any other power will not be capable of stopping the court from doing this. The court will protect the properly registered and verified company and their trademark from any kind of mislead and misfortune and that license will be applicable everywhere in the international market. The rules and regulations made by the court have been enforced to check infringement of that trademark which is an effective interpretation made by the court in the UK.
3. Critical demonstration of research
This part of the research analysis on the trade law act 1994 has covered several trademark factors such as licensing, franchising, and several others. The trademark license is mainly effective permission that helps the owner of the trademark to become a part of the national trade market. The owner of an effective trade license can avail several benefits rather than other business owners[5]. He or she can easily make more revenue by using the benefits of a trade license, besides that, the owner of a trade license can expand the business not only in the UK but also in the entire world in several other countries. Another big benefit of a trade license is the owner can take part in other companies’ manufacturing and distribution power, also able to gain the profit percentage from other’s sales.
Using the benefits of a trade license the owner can take part in a new market and make new target consumers, properly registered and verified merchants can only avail this trade license from the government[6]. The principles of trademark exploitation in the factor of licensing require several information about the trade license by the merchant of a company or a business organization. The merchant should be aware of the rules and regulations of using a trade license in the parent country as well as the international market, if he breaks any law then the courts of the UK have that right to take the license from that merchant.
The trademark Directive 89/104 does not force the member states of the right to continue the protection of trademarks acquired by use. This act takes into account only the relationship between the member states and trademarks which is collected by registration. The member states have the freedom to rectify the provision of procedures related to the registration[7]. The state members have the right to decide the way of trademark registration they can decide if they want to invoke the earlier registration. The state members can decide the effects of revocation or invalidity of trademarks. This act gives them the power to revoke or invoke previous trademark registration. This act is crucial to determine if the trademark is valid or not, and help to make appropriate decisions.
The trademark laws which are applicable in the member states are related to this Directive. Trademark act 1994 is an act that is used to make new provisions for the registered trademarks. This act implements Directive n 89/104/EEC to determine the member state laws which are related to trademarks[8]. This act helps to make provisions connected with the council regulations on the community trademark. This act describes a trademark as a sign which can be represented at a register in a way that allows the register and the authorities, the public, to understand the subject matter. This act states that the trademark differentiates the goods or services from other manufacturers’ products. The courts have implemented this act to differentiate goods and services and provide a clear understanding to the authorities and public.
This act states that a registered trademark is a property right obtained by the proprietor. They have the sole right to the product or services which is registered under the trademark. This cat will not provide any support to recover damage to an unregistered trademark[9]. The products or services need to have registered a trademark to obtain any support from this act. The signs or trademarks will not be registered if they do not satisfy the requirements of the act. This act is crucial to understand the several factors of the registered trademark. The act explains all the rules and regulations related to trademarks. The trademarks which consist of customary indications will not be registered under this act.
4. Analysis based on statutory law and judicial decisions
Statutory law and judicial decisions need to be analysed to get a better understanding of the Trade Marks act 1994. There are several factors of statutory law which need to be considered to evaluate this act. This act includes shapes in the definition of trademark and it raised confusion of what may be registered. The OHIM and ECJ provided effective guidance on how to implement and use three-dimensional trademarks such as shapes. The decisions related to product shape trademark applications are rejected because the owners were unable to provide evidence of use to support their claim. This trademark act helped the court to solve complex cases over the trademark of shapes[10]. The UK court uses this act to understand the claims of owners over shape trademarks. This was not possible before the trademark act and it helped to make appropriate judicial decisions related to trademark. This act provided all the necessary information about the trademark registration procedure. Trademark act is crucial to understand all the trademark parameters for the registrations and the boundaries of the regulations.
This act provides all the information regarding the refusal of food which helps to understand the areas of rectifications. The product needs to match all the criteria to register the trademark and it is necessary to have a registered trademark to claim damage recovery. Trademarks give the sole right of the good or service to the owner and it helps to avoid complications over similar goods or services[11]. The trademark act also describes the relationship between the member states and the registered trademarks. The member states decide the rights of trademarks and they have the authority to invoke or revoke trademark registration. This act describes all the member states which handle the trademark registration. The council regulations connected with the trademark registration are addressed in this act. The registration of the trademarks depends on the council regulations and the trademark owners need to satisfy these rules to acquire the registration. The owners need to check all the criteria for the registration before applying for the trademark registration.
Statutory laws are very important to handle trademark registration and the member states have the rights to use these laws. They can revoke trademark registration if the good or service does not satisfy these rules. The trademark act covers all the areas related to trademark registration and protects the registered trademarks in the UK[12]. The registered trademarks in the UK are protected by this act and the registration owners can claim support from potential damage recovery. Trademark registrations under this act are extremely powerful and it gives the owners the sole right to use this trademark connected with goods or services. Other traders who have similar goods or products cannot use the trademark for their personal use. The legitimate owner of the trademark registration can take appropriate actions if any other trader uses this trademark. This gives the owner protection and security of their registered goods or services.
The state trademarks were first introduced in the 1994 trademark act and there was a lot of debate over this decision. Implementing three-dimensional trademarks was complicated because the authorities were unable to understand what exactly needed to be registered. There were many rejections over the shape trademarks however OHIM and ECJ provided the necessary support to solve this complication[13]. With the help of ECJ, the UK court describes the exclusivity of the shape of the goods or services. This helped the member states to decide the registration of shape trademarks and all the factors related to this. This trademark act allowed the state members to evaluate the trademark registration applications and provide a better understanding of the trademark rules.
5. Conclusion
The trademarks act 1994 has become important for the companies in order to register their trademark and give a protection to that trademark after coming under government rules and regulation. Several legal and policy issues related to the trademarks act 1994 have been covered in this research analysis, besides that, the application of principles of trademark has been evaluated here. Based on the research study it can be concluded that the court has interpreted the trade law 1994 in order to provide proper shape to the trademarks of the registered companies and enhance other unregistered companies to be a part of this act.
Reference
Beebe, B. What Trademark Law Is Learning from the Right of Publicity. Colum. JL & Arts, (2018) 42 p.389 <https://journals.library.columbia.edu/index.php/lawandarts/article/download/2000/964> accessed 25.05.2021
Bei, X. Trademarks, specialized complementary assets, and the external sourcing of innovation. Research Policy, (2019) 48(9) p.103709 <https://www.researchgate.net/profile/Xiaoshu_Bei/publication/330342119_Trademarks_specialized_complementary_assets_and_the_external_sourcing_of_innovation/links/5c662a09a6fdccb608c3c27c/Trademarks-specialized-complementary-assets-and-the-external-sourcing-of-innovation.pdf> accessed 25.05.2021
Brezina, D.C. The Slants Decision Understates the Value of Trademark Registration in Promoting Speech-Correctly Decided with a Conclusory Analysis. J. Marshall Rev. Intell. Prop. L., (2017) 17 p.1-10 <https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1438&context=ripl> accessed 25.05.2021
Chow, D.C. and Schoenbaum, T.J. International Trade Law: Problems, Cases, and Materials. Wolters Kluwer Law & Business, (2017) 1(1) <https://books.google.co.in/books?hl=en&lr=&id=wRmxDgAAQBAJ&oi=fnd&pg=PT27&dq=legal+issues+of+Trade+Marks+Act+1994&ots=wk27MmjoRJ&sig=CHEFKz6eRkwldBuungo7g_I96Uw&redir_esc=y#v=onepage&q=legal%20issues%20of%20Trade%20Marks%20Act%201994&f=false> accessed 25.05.2021
Cizmovic, M.J. PROTECTION OF TRADEMARK RIGHTS. “YEARBOOK” OF THE FACULTY OF LAW, UNIVERSITY OF BANJA LUKA, (2018) 1(40) <https://bibliotekabijeljina.rs.ba/index.php/GPF/article/download/6382/6253> accessed 25.05.2021
Corsano-Leopizzi, P. International intellectual property copyright & trademark civil damages awards. (2017) 1(1) <https://www.researchgate.net/profile/Philip_Corsano-Leopizzi2/publication/319351747_INTERNATIONAL_INTELLECTUAL_PROPERTY_COPYRIGHT_TRADEMARK_CIVIL_DAMAGES_AWARDS/links/59a67f354585156873cf9826/INTERNATIONAL-INTELLECTUAL-PROPERTY-COPYRIGHT-TRADEMARK-CIVIL-DAMAGES-AWARDS.pdf> accessed 25.05.2021
Daizadeh, I. Trademark and patent applications are structurally near-identical and cointegrated: Implications for studies in innovation. Iberoamerican Journal of Science Measurement and Communication, (2021) 1(2) <http://eprints.rclis.org/41883/1/33-Article%20Text-271-1-10-20210310.pdf> accessed 25.05.2021
Fhima, I. The public interest in European trade mark law. Intellectual Property Quarterly, (2017) 2017 (4), pp.311-329 <https://discovery.ucl.ac.uk/id/eprint/1570578/1/Fhima_The%20Public%20Interest%20in%20Trade%20Mark%20Law%20-%20FINAL.pdf> accessed 25.05.2021
Jaelani, A.K., IGAKR, H. and Karjoko, L. Development of tourism based on geographic indication towards to welfare state. International Journal of Advanced Science and Technology, (2020) 29(3s) pp.1227-1234 <https://www.academia.edu/download/62471751/document_1720200325-72536-dn54v.pdf> accessed 25.05.2021
Lubis, M., Suharjo, B., Nurmalina, R. and Purnomo, H. Effect of Forest Law Enforcement Governance and Trade License on competitiveness of Indonesian wooden furniture in the European Union market. Int. J. Manag. Econ. Invent., (2018) 1(1) pp.1936-1942 <https://vpa-library.cifor.org/assets/publications/Lubis%20et%20al.%202018.pdf> accessed 25.05.2021
Miggels, A.R. An analysis of trademark infringement by dilution under UK law, (2020) 1(1) <http://etd.uwc.ac.za/xmlui/bitstream/handle/11394/7329/miggels_m_law_2020.pdf?sequence=6> accessed 25.05.2021
Straight, L. A Case for Compulsory Licensing in Instances of Reverse Trademark Confusion. (2021) 1(1) <https://opencommons.uconn.edu/cgi/viewcontent.cgi?article=1469&context=law_review> accessed 25.05.2021
[1] Chow, D.C. and Schoenbaum, T.J. International Trade Law: Problems, Cases, and Materials. Wolters Kluwer Law & Business, (2017) 1(1) <https://books.google.co.in/books?hl=en&lr=&id=wRmxDgAAQBAJ&oi=fnd&pg=PT27&dq=legal+issues+of+Trade+Marks+Act+1994&ots=wk27MmjoRJ&sig=CHEFKz6eRkwldBuungo7g_I96Uw&redir_esc=y#v=onepage&q=legal%20issues%20of%20Trade%20Marks%20Act%201994&f=false> accessed 25.05.2021
[2] Bei, X. Trademarks, specialized complementary assets, and the external sourcing of innovation. Research Policy, (2019) 48(9) p.103709 <https://www.researchgate.net/profile/Xiaoshu_Bei/publication/330342119_Trademarks_specialized_complementary_assets_and_the_external_sourcing_of_innovation/links/5c662a09a6fdccb608c3c27c/Trademarks-specialized-complementary-assets-and-the-external-sourcing-of-innovation.pdf> accessed 25.05.2021
[3] Chow, D.C. and Schoenbaum, T.J. International Trade Law: Problems, Cases, and Materials. Wolters Kluwer Law & Business, (2017) 1(1) <https://books.google.co.in/books?hl=en&lr=&id=wRmxDgAAQBAJ&oi=fnd&pg=PT27&dq=legal+issues+of+Trade+Marks+Act+1994&ots=wk27MmjoRJ&sig=CHEFKz6eRkwldBuungo7g_I96Uw&redir_esc=y#v=onepage&q=legal%20issues%20of%20Trade%20Marks%20Act%201994&f=false> accessed 25.05.2021
[4] Fhima, I. The public interest in European trade mark law. Intellectual Property Quarterly, (2017) 2017 (4), pp.311-329 <https://discovery.ucl.ac.uk/id/eprint/1570578/1/Fhima_The%20Public%20Interest%20in%20Trade%20Mark%20Law%20-%20FINAL.pdf> accessed 25.05.2021
[5] Lubis, M., Suharjo, B., Nurmalina, R. and Purnomo, H. Effect of Forest Law Enforcement Governance and Trade License on competitiveness of Indonesian wooden furniture in the European Union market. Int. J. Manag. Econ. Invent., (2018) 1(1) pp.1936-1942 <https://vpa-library.cifor.org/assets/publications/Lubis%20et%20al.%202018.pdf> accessed 25.05.2021
[6] Lubis, M., Suharjo, B., Nurmalina, R. and Purnomo, H. Effect of Forest Law Enforcement Governance and Trade License on competitiveness of Indonesian wooden furniture in the European Union market. Int. J. Manag. Econ. Invent., (2018) 1(1) pp.1936-1942 <https://vpa-library.cifor.org/assets/publications/Lubis%20et%20al.%202018.pdf> accessed 25.05.2021
[7] Cizmovic, M.J. PROTECTION OF TRADEMARK RIGHTS. “YEARBOOK” OF THE FACULTY OF LAW, UNIVERSITY OF BANJA LUKA, (2018) 1(40) <https://bibliotekabijeljina.rs.ba/index.php/GPF/article/download/6382/6253> accessed 25.05.2021
[8] Daizadeh, I. Trademark and patent applications are structurally near-identical and cointegrated: Implications for studies in innovation. Iberoamerican Journal of Science Measurement and Communication, (2021) 1(2) <http://eprints.rclis.org/41883/1/33-Article%20Text-271-1-10-20210310.pdf> accessed 25.05.2021
[9] Beebe, B. What Trademark Law Is Learning from the Right of Publicity. Colum. JL & Arts, (2018) 42 p.389 <https://journals.library.columbia.edu/index.php/lawandarts/article/download/2000/964> accessed 25.05.2021
[10] Miggels, A.R. An analysis of trademark infringement by dilution under UK law, (2020) 1(1) <http://etd.uwc.ac.za/xmlui/bitstream/handle/11394/7329/miggels_m_law_2020.pdf?sequence=6> accessed 25.05.2021
[11] Straight, L. A Case for Compulsory Licensing in Instances of Reverse Trademark Confusion. (2021) 1(1) <https://opencommons.uconn.edu/cgi/viewcontent.cgi?article=1469&context=law_review> accessed 25.05.2021
[12] Corsano-Leopizzi, P. International intellectual property copyright & trademark civil damages awards. (2017) 1(1) <https://www.researchgate.net/profile/Philip_Corsano-Leopizzi2/publication/319351747_INTERNATIONAL_INTELLECTUAL_PROPERTY_COPYRIGHT_TRADEMARK_CIVIL_DAMAGES_AWARDS/links/59a67f354585156873cf9826/INTERNATIONAL-INTELLECTUAL-PROPERTY-COPYRIGHT-TRADEMARK-CIVIL-DAMAGES-AWARDS.pdf> accessed 25.05.2021
[13] Brezina, D.C. The Slants Decision Understates the Value of Trademark Registration in Promoting Speech-Correctly Decided with a Conclusory Analysis. J. Marshall Rev. Intell. Prop. L., (2017) 17 p.1-10 <https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1438&context=ripl> accessed 25.05.2021
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