Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MARQUES RELOADED: Berlin brief no.3
Left: does the Queen own your trade mark? Taking up the issues of do's and don'ts, Claire Mountenay (standing in at short notice for her Marks & Clerk colleague Kirsten Gilbert), focused on the trade mark law technicalities that attend a properly-executed licence and its implementation. For example, the validity of the registration of licensed marks may be affected if they are not used in the specified manner. It's also worth checking that a registration is held in the name of a live company and not one which has been wound up, or the mark may be classed as bona vacantia and (in the UK at any rate) owned by the Queen.
Claire then ran through some of the restrictions on advertising which the law and various codes of practice impose in the interests of health, honesty and fair play. These restrictions may themselves inhibit the scope of an intended exploitation of a licensed brand. Further restrictions govern the marketing of goods and services to children, among others.
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