Home » Posts tagged 'Non-traditional trade marks'
Tag Archives: Non-traditional trade marks
Registered protection of trade marks is the safest and most cost efficient way of obtaining an easily enforceable trade mark right. Whilst some jurisdictions like the UK afford protection to non-registered trade marks that have acquired goodwill through their use, the enforcement of these non-registered rights relies on the expensive and time consuming exercise of evidence gathering in relation to the use of the mark, whereas a trade mark registration certificate is prima facie evidence of the existence of the associated right.
In recent years, the sports industry has seen a growing number of registrations and attempted registrations of marks that differ from what is considered the more traditional words and logos (as above), which can be broadly categorised as “non-traditional” or “unusual” trademarks. This article takes a trip through examples of such non-traditional trademarks, and explores the protection that sports brands can achieve from their registration, a process that, in the author’s opinion, remains underutilised despite the potential that registration offers to an industry that increasingly relies on the exploitation of Intellectual Property (IP) and IP related rights. (more…)
On Friday 4th April Manuela Macchi (Keltie) will be joining a panel at the 29th Annual Intellectual Property Law Conference of the American Bar Association in Arlington, Virginia.
The Non-Traditional Trademarks and the Entertainment & Sports Industries CLE will be covered on Twitter (#IPLSpring) by Phillip Turner, a first-year law student at Belmont University College of Law in Nashville, Tennessee. Phillip explains further on the ABA-IPL Law Student Action Group blog: (more…)