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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Can THE JOURNAL ever be distinctive for a journal?
The most recent issue of the Reports of Patent Cases (RPC), now published by Oxford University Press under licence from the Intellectual Property Office in the UK, has picked up a decision from Richard Arnold QC (as he then was) last September in Hull Daily Mail's application as to whether the words THE JOURNAL, which were clearly not likely to be held distinctive for printed publications and newspapers (as the IPO found), might by registrable as a UK trade mark if the specification of goods for which registration was sought was limited geographically so as to cover lifestyle magazines in the region of East Yorkshire. The application was, unsurprisingly, dismissed even with this limitation. What was however surprising is how close this matter came to being referred to the European Court of Justice for a preliminary ruling that would have the effect of clarifying existing European law on the subject.
Tags: regional distinctiveness, UK,
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