Trade Marks Case Study Example | Topics and Well Written Essays - 2250 words

Trade Marks - Case Study Example dent 3 of this Act requires a denounce to be distinctive. As such, separate 1 of the Act stipulates that the trade crack should render it possible to differentiate the goods or services of one undertaking from that of the others. An application for a mark that tends to mislead or deceive the public will not be registered. Moreover, under the provisions of section 5 of this Act, a trademark applied for registration is comp atomic number 18d with protected trade mark in the UK. Some examples of protected trademarks are UK national marks, CTMs and international registrations that have specified the EU or the UK. In Philips Electronics NV v Remington Consumer Products, it was held by the judicature that a sign was anything that conveyed information. This definition clearly addresses signs involving words, designs, letters, and numerals, as all of these can be represented diagrammatically without much difficulty. Apparently, this seems to create a diff iculty with regard to odours and flavours (Lee, 1999). All the same, this perceived obstacle to registering such marks did not prove to be difficult to overcome. A pyramid shape for chocolate mints, pointymints, similar in some ways to a well known brand of triangular chocolate Toblerone. In this trouble a pyramidal shape for a mint chocolate had been applied for registration. This shape was already have by Toblerone, a well known brand of chocolates. In order to register a trademark, it must(prenominal) have fulfilled three fundamental requirements.