The trade mark registrability test: Consider this before you register (1/2)

Registering a trade mark will be sure to prove itself as a good investment when it comes to your business. Whether it’s a name, logo, or word, registering the brand will provide you with exclusive rights, whilst also enabling consumers to associate your mark with your business, product, or brand.   

When it comes to factors for consideration, the Trade Marks Act 1994 is the statute that holds the relevant information. As recently altered by the case of Ralf Sieckmann v Deutsches Patent-und Markenamt [2002], your mark should aim to be seen as ‘clear’ and ‘precise’. Prior to the establishment of the Sieckmann Criteria, a further three grounds of durability, accessibility, and objectivity were required. 

This modification raises the question of whether registering a trade mark with fewer components to satisfy presents itself as more advantageous, as opposed to having five conditions to meet. Well, it can simply be seen from both sides, but as there are less grounds to satisfy the chances of approval can ultimately become higher. On the contrary, the elements of clear and precise, although appearing as two straightforward concepts, could be deemed as very subjective, thus can arise different interpretations of the words. Be sure to head over to our reading room for part 2/2 of this article.

If you have any queries regarding the above article or would require assistance with an alternative matter, please do not hesitate to get in touch with a member of our legal team at Lawdit today.

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