Demonstrate the practical skill of formulating

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Reference no: EM133425776

Trade Marks and Searching and Registering

This will take the form of a report based upon a search of the trade marks database. The following criteria:

• Demonstrate the practical skill of formulating a strategy for searching the trade marks database, then executing it

• Identification of the rules governing registration of trade marks, including relative and absolute grounds for refusal of a mark

• Application of these rules to a factual scenario, in order to resolve a practical problem

• The ability to draft an appropriate report advising the client in the scenario regarding the potential registration of their trade mark.

The Scenario

You are a trainee in a law firm specializing in intellectual property law. Your senior asks you to report on a request from two clients regarding a trade mark that they wish to register for their business. You will need to examine their proposed trade mark, and provide a recommendation to them regarding whether you think his trade mark would be registrable or not.

Your clients are a duo of amateur bakers and social media influencers who, cashing in on the recent increase in interest in home baking (mostly started during COVID lockdown when people had more time at home) have started their own video podcast on FaceTube (fictitious) which has gained 100,000 followers. They have also started their own range of branded merchandise to support the podcast which includes baking utensils, kitchen machinery such as bread-makers and food processors, and a range of baking 'packs' which contain all the ingredients and instructions to bake an item such as bread, cakes, and other bakery items. They wish to register the following logo which will be used on their social media, FaceTube channel, and all the associated merchandise that is mentioned above:

You will be required to:

a. examine the rules regarding absolute grounds for refusal, and decide whether any of them are applicable here

b. decide which class or classes in the trade marks register would be most applicable to your client's trade mark

c. conduct a thorough search of the database to look for the possibilities of conflicting trade marks already registered.

The following should be taken into account:

i. any trade marks in the same class as the one you wish to register this trade mark in (see https://www.ipo.gov.uk/types/tm/t-applying/t-class.htm for the list of classes)

ii. any trade marks in similar classes to the one you wish to register this trade mark in (see https://www.ipo.gov.uk/t-class-cross-list.htm for a list of classes the IPO consider to be 'similar')

iii. any trade marks which use a similar device (picture, design, etc) to yours but in other classes

iv. the names of any competing companies in the same class as the one you are wishing to register in

d. if there is a conflict, explain what the problem is, and which part of the relative grounds for refusal is causing the problem, e.g.

i. Identical mark, identical goods

ii. Identical mark, similar goods, likelihood of confusion

iii. Similar mark, identical/similar goods, likelihood of confusion

iv. Identical/similar mark, with a reputation

All of the above should be considered along with an explanation of relevant law.

The above findings need to be discuss and generate report whether this trade mark is registrable or not.

Reference no: EM133425776

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