- Unconventional trade marks—the hand gesture
- What criteria must an unconventional trade mark (such as a trade mark for a hand gesture) meet in order to be successfully registered in the UK?
- Had Gene Simmons attempted to register his ‘devil’s horns’ hand gesture as a trade mark in the UK, how likely is he to have been successful?
- What advice should practitioners give to their clients to assist them in obtaining the best possible scope of protection?
- How easy is it to enforce such trade marks against infringers?
IP analysis: Following rock singer Gene Simmons’s recent aborted attempt in the US to register a ‘devil’s horns’ hand gesture as a trade mark for entertainment services, Joseph Letang, partner at Dehns Patent and Trade Mark Attorneys, explains the criteria for registering unconventional trade marks in the UK.
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