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Motion trade marks—exclusive protection or merely one part of an intellectual property tool kit?

Published on: 15 August 2019
Published by a LexisNexis IP expert

Table of contents

  • What are ‘motion’ trade marks?
  • When did the UK Intellectual Property Office (UKIPO) start accepting applications for motion trade marks?
  • What are the requirements for registering a motion trade mark?
  • What are the advantages and disadvantages of registering a motion trade mark, as opposed to a conventional trade mark?
  • What practical steps should applicants take to maximise their chances of achieving registration?
  • Are there any special considerations that should be taken into account when challenging motion trade mark applications or registrations?
  • Conclusion

Article summary

IP analysis: Following the implementation of Directive (EU) 2015/2436 in the UK, allowing the filing of ‘motion’ trade marks and the first successful registration by Toshiba, Margaret Briffa, partner and founder of intellectual property firm Briffa, and Tom Synott, solicitor at Briffa, explain how the new regime works in practice and set out the advantages and disadvantages of registering a motion trade mark.

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