Trade marks/passing off

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Trade marks/passing off guidance:

Absolute and relative grounds A trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking from those of other...

Practice Note

This practice note describes briefly different types of social media services and websites and explains the key risks associated with social media for organisations,...

Practice Note

This Practice Note summarises the main types of legal action that can be taken against the UK trade in counterfeit goods, the pros and cons of each and includes some...

Practice Note

This Practice Note provides guidance on the issues to consider and steps to take when tasked with tackling identified instances of counterfeiting and...

Practice Note

The registration of a trade mark gives the owner the exclusive right to prevent others from using that mark without their consent. It is important that any...

Practice Note

Litigation is an expensive and time consuming process. While there may be occasions when tactically it makes sense to litigate, it is generally best avoided. Trade mark...

Practice Note

A growing proportion of retail sales are taking place online. Many consumers purchase goods via online marketplaces, such as Amazon, eBay and Alibaba. National boundaries...

Practice Note

Some of the world's most visited sites such as eBay, Alibaba, Facebook and Twitter have faced criticism from some brand owners for their failure to police IP...

Practice Note

This Practice Note examines the likely impact of Brexit on IP rights. It deals with key issues that may affect the owners of trade marks, design rights, copyright and...

Practice Note

Law and guidance on BPR 2008 This Practice Note summarises the law, guidance and practice relating to the Business Protection from Misleading Marketing Regulations 2008...

Practice Note

Businesses seeking to prevent competitors gaining an unfair advantage through the use of misleading advertisements or copycat products have to rely on a combination of...

Practice Note

Character merchandising is the practice of licensing the name or likeness of a (usually fictitious) character for use in the marketing of goods or services. In theory,...

Practice Note

What are collective trade marks and certification trade marks? As with a traditional trade mark, the purpose of a certification or collective mark is to provide consumers...

Practice Note

Typefaces are a key component of a brand identity, using a unique typeface helps a business to distinguish itself from its competitors. Many businesses will select or...

Practice Note

Many businesses wish to promote their goods or services by reference to those of a competitor to gain a commercial advantage. For example, a business may seek to...

Practice Note

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing 'copycat' products or using misleading...

Practice Note