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Unconventional trade marks—the hand gesture

Unconventional trade marks—the hand gesture
Published on: 13 July 2017
Published by: LexisPSL
  • 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?

Article summary

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. or take a trial to read the full analysis.

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