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IP in the UK.doc
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3. Answer the questions.

  1. What is a trademark?

  2. Are all trademarks registrable?

  3. What rights do registered trademarks bring?

  4. How is registration in the UK obtained?

  5. How long does it take to register a trademark in the UK?

  6. What does the Trademarks Registry charge for a trademark registration?

  7. How long can a registered trademark be kept in force?

  8. Does a trademark have to be in use before it is registered?

  9. Can a trademark be removed from the Register because it is not in use?

  10. Does UK registration give protection abroad?

  11. Can the Patent Office help exploit a registered trademark?

  12. Are users of trademarks required to register them?

  13. Why are infringement proceedings simpler than passing off proceedings?

  14. Why is registration of a trademark so important?

Registered designs what is a registered design?

It is a monopoly right for the outward appearance of an article or a set of articles of manufacture to which the design is applied. It lasts for an initial period of 5 years and may be extended in four 5-year terms up to a maximum of 25 years. It is additional to any design right or copyright protection which may exist automatically in the design. A registered design is a property which, like any other business commodity, may be bought, sold, hired or licensed.

Are all designs registrable?

No. Where the aesthetic appearance of an article is not significant or where there is no design freedom because the design of the part is determined by the shape of the whole, then the design is not registrable. Thus purely functional designs are not eligible for registration because their aesthetic appearance is not important, nor can designs such as car body panels be registered because their shape and configuration are determined by the overall design of the car. In other words, registered design protection will only be available for truly aesthetic, stand-alone designs where competitors do not need to be able to copy such designs in order to compete.

There are also other specific exclusions for certain types of designs and these include works of sculpture, medals and printed matter primarily of a literary or artistic character such as bookjackets and calendars. In general, copyright protection is afforded to these excluded designs.

DO ANY FURTHER CONDITIONS

HAVE TO BE SATISFIED?

Yes. A design has to be ‘new’ i.e. it must not have been publicly disclosed in the United Kingdom before application for registration is made nor registered on an earlier design application, and it must be materially different from any other published design for the same or any other type of article.

WHAT IS THE DIFFERENCE BETWEEN A PATENT AND A REGISTERED DESIGN?

A registered design applies to the outward appearance of an article — its ‘eye-appeal’ — whereas a patent is concerned with the function, operation, manufacture or material of construction of an article.

WHAT RIGHTS DO REGISTERED DESIGNS BRING?

The exclusive right in the United Kingdom and the Isle of Man to make, import, sell or hire out any article to which the design has been applied or to let others use the design under terms agreed with the registered owner. The owner also has the right to take legal action against an infringer and claim damages and, of course, the fact that a design is registered may be sufficient to deter a would-be infringer.

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