News and Views
GENERIC TRADE MARKS – RECENT DEVELOPMENTS IN THE UK AND EUROPE
While we have previously written about the problem of trade marks becoming generic, there has recently been a development in the United Kingdom (originating from the European Union) regarding generic trade marks, that appears to be worthy of further comment and discussion.
It should be remembered that, in South Africa’s law, a trade mark is a purely territorial concept and trade marks (and their validity) have to be considered on a country-by-country basis. This means that if a trade mark has been found by a competent authority or court in one country to be invalid or generic (for example by a court in the USA), that finding will not automatically apply in another country. A further independent finding in another country or countries will have to be made regarding the validity of that trade mark i.e. whether or not that trade mark is, or has become, generic in such other country or countries.
Recent amendment of the United Kingdom Trade Marks Act
Certain amendments to the UK Trade Marks Act 1994 and their Trade Mark Rules 2008 came into effect on 14 January 2019. These changes implement the EU Trade Mark Directive 2015 in the UK. In other words, these changes have been made and are now effective in all EU countries.
More particularly, in the UK, a provision has been introduced which allows for a court action to be brought by a trade mark owner where in a dictionary, or similar publication, a publisher refuses to amend reference to a registered trade mark as a generic term, and where such reference is incorrect.
In other words, if a publisher of a dictionary incorrectly identifies a trade mark as being a generic term in a dictionary or other similar publication, the trade mark proprietor will be able to ask the publisher to make it clear that the entry in their publication relates to a registered trade mark (and that the entry is not merely a descriptive term).
If the publisher refuses, or does not do so promptly, or in the case of a printed publication, does not undertake to correct the entry in the next edition of the publication, the trade mark owner may apply to the UK High Court for suitable relief to be taken against the publisher. The Court is empowered to order the publisher to correct any entry or amend the way the trade mark is reproduced in their publication, or even to destroy those editions of the publication. The court has further discretionary remedies available to it, and that it may order in favour of the trade mark proprietor.
Accordingly, it will be understood that this amendment, which also applies to such incorrect references made prior to 14 January 2019, has provided trade mark proprietors with various new powers and remedies to assist in preventing their respective trade marks from becoming generic and thereby unenforceable.
In the author’s view, although the broadening or strengthening of trade mark proprietors’ rights is generally to be welcomed, this amendment appears to be somewhat unusual. Firstly, there have been very few trade marks – simply a handful, it is submitted – over the last century or so that have become generic and secondly even fewer of such (generally well-known) trade marks have been published, whether correctly or incorrectly, in dictionaries or similar publications. So, is this kind of statutory provision for such rare situations really needed or necessary? The legal authorities of the EU (and now by implication also the Parliament of the UK by virtue of its EU membership) are apparently convinced of the need or necessity for dealing with such situations in their legislation.
From a general perspective, and in the event of such publication in a dictionary or similar publication, what is the overall impact and implication for a trade mark proprietor? The up-side for the proprietor may, initially at least, be an increase in reputation for the relevant trade mark and its proprietor – and the majority of readers of the relevant publication would not generally be aware of the legal implications for the proprietor. However, the down-side for the proprietor in the longer term would be the legal implication that the trade mark was being used or shown in a descriptive and damaging manner. Hence this would be a double-edged sword for the proprietor – apparently having both favourable but ultimately unfavourable consequences.
The EU is of course a very large community of countries and traders involved in the second or third largest economy in the world. So, possibly that size and its involvement on the world of trade (and its trade marks) warrant such legal provisions although it appears that such provisions would not often be required in practice.
Andre van der Merwe
Director
Trade Mark & Patent Attorney
Email andrev@kisch-ip.com
Tel +27 11 324 3084
Hey there excellent website! Does running a blog such as
this take a massive amount work? I have very little knowledge of coding however I
was hoping to start my own blog soon. Anyways, should you have any ideas or tips for new blog owners please share.
I understand this is off subject nevertheless I just wanted to ask.
Thank you! https://Xn–E1Ane2E.Xn–82-6Kc3Btf8Dtc.Xn–P1ai/christien71
We’re a group of volunteers and starting a new scheme in our community.
Your website offered us with valuable information to work on. You have done
an impressive job and our entire group might be grateful to you. http://www.register.bookmarking.site/News/la-bouticaire-19/
Great article! We are linking to this particularly great post on our site.
Keep up the good writing. https://Crossbookmark.com/story16619008/l-infini-bien-%C3%8Atre
For most recent information you have to visit
world wide web and on the web I found this web site
as a finest web site for newest updates.
Hi there! Do you know if they make any plugins
to assist with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains.
If you know of any please share. Kudos!
all the time i used to read smaller content that also clear
their motive, and that is also happening with this article which I am reading
now.
Hi! Do you know if they make any plugins to assist with SEO?
I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very
good results. If you know of any please share. Thanks!
you are in point of fact a just right webmaster.
The website loading speed is incredible. It seems that you are
doing any unique trick. In addition, The contents are masterwork.
you’ve performed a wonderful process on this matter!
After I initially commented I seem to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I recieve four emails
with the same comment. Perhaps there is an easy method
you can remove me from that service? Appreciate it!
WOW just what I was looking for. Came here by searching for
website
Excellent post. I am experiencing some of these issues as well..
Hi! Do you know if they make any plugins to
help with Search Engine Optimization? I’m trying to
get my blog to rank for some targeted keywords but I’m not seeing very good results.
If you know of any please share. Many thanks!
I am regular reader, how are you everybody? This piece of writing posted at this web page
is truly pleasant.
This piece of writing gives clear idea in support of the new users of blogging, that actually how to do blogging and site-building.
Hi, i believe that i noticed you visited my blog so i got here to return the want?.I am trying to to find things to enhance
my web site!I assume its good enough to make use of
some of your ideas!!
Awesome blog! Is your theme custom made or did you download it from somewhere?
A theme like yours with a few simple adjustements would really make my blog stand out.
Please let me know where you got your theme.
Cheers
Hey! This post could not be written any better!
Reading through this post reminds me of my previous room mate!
He always kept talking about this. I will forward this
write-up to him. Pretty sure he will have a good read.
Thank you for sharing!
Hey very cool blog!! Man .. Beautiful .. Amazing ..
I’ll bookmark your website and take the feeds additionally?
I am satisfied to seek out numerous useful info right here
in the post, we need work out extra strategies in this regard, thank you for sharing.
. . . . .
This article is in fact a fastidious one it assists new web visitors, who are
wishing in favor of blogging.
Since the admin of this web page is working, no hesitation very soon it will be famous, due to its quality contents.
Hi! I know this is somewhat off topic but I was wondering
if you knew where I could locate a captcha plugin for my
comment form? I’m using the same blog platform as yours and I’m having problems finding one?
Thanks a lot!
constantly i used to read smaller posts that as
well clear their motive, and that is also happening
with this post which I am reading at this time.
Your means of telling everything in this paragraph is actually
good, every one be capable of simply be aware of it, Thanks a lot. http://serverhelp.50Webs.com/profile.php?action=get&id=24154
Hi there just wanted to give you a brief heads up and
let you know a few of the images aren’t loading correctly.
I’m not sure why but I think its a linking issue.
I’ve tried it in two different internet browsers and both show the same results. https://Kizkiuz.com/user/EQZJodie95522/
I am extremely impressed along with your writing abilities as smartly as with the layout to your weblog.
Is this a paid topic or did you customize it your self?
Either way keep up the excellent quality writing, it
is rare to look a nice weblog like this one today..
When someone writes an piece of writing he/she keeps the plan of a user in his/her mind that how
a user can know it. Therefore that’s why this
article is perfect. Thanks!
I think that everything published made a ton of sense.
But, think about this, what if you were to write a awesome
headline? I ain’t saying your information isn’t solid, however suppose you
added a post title that grabbed people’s attention? I mean GENERIC TRADE MARKS – RECENT
DEVELOPMENTS IN THE UK AND EUROPE – KISCH IP
is a little plain. You might peek at Yahoo’s home
page and note how they create news headlines to get
people interested. You might add a related video or a related pic
or two to get people excited about everything’ve
got to say. Just my opinion, it could bring your posts a little livelier.
It’s appropriate time to make a few plans for the longer term and it is time to be happy.
I’ve read this publish and if I could I want to counsel you
few fascinating issues or advice. Maybe you could write
next articles relating to this article. I desire to learn even more issues about it!
Hiya! I know this is kinda off topic however , I’d figured I’d ask.
Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa?
My site covers a lot of the same topics as yours and I feel we could greatly benefit from each other.
If you are interested feel free to shoot me an e-mail.
I look forward to hearing from you! Terrific blog by the
way!
May I just say what a comfort to find somebody that
actually knows what they’re discussing on the web.
You definitely realize how to bring a problem to light and make it important.
A lot more people must read this and understand this side of the story.
I was surprised that you aren’t more popular given that
you certainly have the gift.
whoah this weblog is great i really like reading your articles.
Keep up the good work! You understand, many people are hunting around for
this information, you could help them greatly.
If some one wants expert view on the topic of blogging then i suggest him/her to pay a visit this weblog,
Keep up the nice work.
I like the helpful info you provide in your articles.
I’ll bookmark your weblog and check again here regularly.
I am quite sure I’ll learn many new stuff right here!
Best of luck for the next!
Hi just wanted to give you a quick heads up
and let you know a few of the pictures aren’t loading correctly.
I’m not sure why but I think its a linking issue. I’ve tried
it in two different web browsers and both show the same outcome.
I think that everything typed made a ton of sense. But, think about this, what if you added a little information? I mean, I don’t wish to
tell you how to run your blog, however what if you added something that grabbed a person’s attention? I mean GENERIC TRADE MARKS – RECENT DEVELOPMENTS IN THE UK
AND EUROPE – KISCH IP is kinda plain. You should glance at Yahoo’s front page and see how they create post titles to
get viewers interested. You might add a related video or
a pic or two to get people excited about everything’ve written. Just my opinion, it
would make your blog a little livelier.
Thanks for sharing your thoughts about website. Regards
Thank you for every other informative site. Where else could I am getting that kind of info written in such an ideal method?
I have a mission that I am simply now working on, and I’ve been at the glance out for such information.
Thank you for the auspicious writeup. It in reality was once a
amusement account it. Glance advanced to far delivered agreeable from you!
However, how can we communicate?
Hey there! I know this is sort of off-topic but I needed to ask.
Does running a well-established blog such
as yours require a large amount of work? I am completely new to writing a blog however I do write in my diary every day.
I’d like to start a blog so I will be able to share my own experience and feelings online.
Please let me know if you have any suggestions
or tips for brand new aspiring blog owners.
Appreciate it!
Hey! I just wanted to ask if you ever have any problems with hackers?
My last blog (wordpress) was hacked and I ended up losing months of hard work
due to no backup. Do you have any methods to prevent hackers?
I visited multiple blogs but the audio feature for
audio songs current at this web page is really wonderful.
I think this is among the most important information for me.
And i’m glad reading your article. But wanna remark on some general
things, The web site style is perfect, the articles is really great : D.
Good job, cheers
Amazing issues here. I am very glad to look your article.
Thank you a lot and I’m looking ahead to touch you.
Will you please drop me a mail?
It’s an awesome post for all the web visitors; they will obtain advantage from it I am sure.
I know this website provides quality based articles and other data, is there any other
site which provides such data in quality?
We are a group of volunteers and starting a new scheme in our community.
Your site provided us with valuable info to work
on. You’ve done an impressive job and our entire community will be grateful to you.
Good day! I know this is kinda off topic but I was wondering if you knew where I could
get a captcha plugin for my comment form?
I’m using the same blog platform as yours and I’m having problems finding
one? Thanks a lot!
Thanks for sharing such a pleasant opinion, paragraph is fastidious, thats why i have read it fully
I blog quite often and I really thank you for your information. Your article has
truly peaked my interest. I’m going to bookmark your blog and keep checking for new details about once a week.
I subscribed to your Feed too.
You’re so interesting! I do not believe I’ve truly read
something like this before. So great to find someone with
original thoughts on this issue. Seriously.. thank you for starting
this up. This website is one thing that is needed on the internet,
someone with a little originality!
Hi there to every one, it’s in fact a nice for me to go
to see this web page, it includes important Information.
Hello everyone, it’s my first pay a visit at this web page,
and piece of writing is genuinely fruitful
designed for me, keep up posting these articles.
I’m not that much of a internet reader to be honest but your sites really
nice, keep it up! I’ll go ahead and bookmark your site to come back later.
Many thanks
I am really loving the theme/design of your
blog. Do you ever run into any web browser compatibility issues?
A small number of my blog visitors have complained about my blog not working correctly in Explorer but
looks great in Firefox. Do you have any recommendations to help fix this issue?
My spouse and I stumbled over here from a different website and thought
I might check things out. I like what I see so now i am following you.
Look forward to going over your web page again.
Pretty section of content. I just stumbled upon your
blog and in accession capital to assert that I acquire actually enjoyed account your blog posts.
Any way I’ll be subscribing to your feeds and even I achievement you access
consistently quickly.
Hello! Someone in my Myspace group shared this site with us so I
came to check it out. I’m definitely loving the information. I’m bookmarking
and will be tweeting this to my followers! Fantastic blog and great design and style.
WOW just what I was looking for. Came here by searching for website
of course like your web site however you need to test the spelling on quite a few of your posts.
A number off them are rife with spellinng problems and I in finding
it very bothersome to inform the reality nevertheless I will certainly com
agvain again.
My webpage; szukam pracy w gospodarstwie rolnym
Hmm is anyone else encountering problems with the pictures on this blog loading?
I’m trying to determine if its a problem on my end or if it’s the blog.
Any responses would be greatly appreciated.
Nice blog here! Also your site loads up very fast!
What web host are you using? Can I get your affiliate link
to your host? I wish my site loaded up as fast as yours lol
Its such as you read my mind! You appear to grasp a lot about this, such as you wrote the guide in it or something.
I think that you can do with a few percent to force
the message house a bit, however instead of that, this is
great blog. A great read. I’ll definitely be back.
Just want to say your article is as astonishing.
The clearness in your post is just cool and i can assume you’re an expert on this subject.
Well with your permission allow me to grab your RSS feed
to keep updated with forthcoming post. Thanks a million and
please continue the gratifying work.
Fabulous, what a webpage it is! This website presents useful information to us, keep it up.
What’s up Dear, are you actually visiting this website regularly, if so then you will definitely
take pleasant knowledge.
Good blog you have here.. It’s difficult to find high-quality writing like yours nowadays.
I seriously appreciate people like you! Take care!!
Hi there, I found your blog by means of Google even as searching for
a comparable subject, your site came up, it seems good. I’ve bookmarked it in my google
bookmarks.
Hello there, just become alert to your weblog thru Google, and found that it is really informative.
I am gonna be careful for brussels. I’ll be grateful for
those who continue this in future. Lots of other folks can be benefited from
your writing. Cheers!
It’s an awesome article for all the online visitors; they will
obtain advantage from it I am sure.
Your way of telling the whole thing in this piece of writing is really nice, all can without difficulty understand it, Thanks a lot.
Good blog post. I definitely love this site.
Thanks!
Excellent weblog here! Additionally your site so much up fast!
What host are you the use of? Can I get your affiliate hyperlink for your host?
I desire my website loaded up as fast as yours lol https://Urduwiki.in/index.php/User:AlfonzoOlney1
Hey There. I found your blog using msn. This is a really well written article.
I will be sure to bookmark it and return to read more of your useful info.
Thanks for the post. I’ll definitely comeback. https://Uktcp.uk/index.php?title=User:ByronSanchez1
Aw, this was an extremely good post. Spending some time and actual effort to
produce a very good article… but what can I say… I put things off a
lot and don’t manage to get anything done. https://bookmarkextent.com/story18310966/lave-toutou
Pretty! This was a really wonderful article. Thanks for providing this
info. https://v4.trungvu.net/blog/153295/seuils-de-temp%C3%A9rature-s%C3%A9curitaires-en-milieux-int%C3%A9rieurs-%C3%A9tat-des-informati/
I simply could not go away your web site prior to suggesting that I extremely enjoyed
the standard info an individual supply in your guests?
Is going to be again regularly to investigate cross-check new posts https://worldlistpro.com/story18411826/business-process-center
Greetings from Colorado! I’m bored to tears at work so I decided to check
out your website on my iphone during lunch break. I enjoy the knowledge you present
here and can’t wait to take a look when I get
home. I’m shocked at how quick your blog loaded on my
cell phone .. I’m not even using WIFI, just 3G ..
Anyways, awesome blog!
I really like it when individuals get together and share ideas.
Great blog, continue the good work!
Every weekend i used to visit this website, for the reason that
i wish for enjoyment, as this this web site conations actually pleasant funny stuff too. https://adobemuseexpert.com/ame/question/chirurgie-esthetique-a-trois-rivieres-redefinissez-votre-beaute-21/
Heya! I just wanted to ask if you ever have any trouble with hackers?
My last blog (wordpress) was hacked and I ended up losing a few months of hard work due to no backup.
Do you have any methods to prevent hackers? http://www.Die-seite.com/index.php?a=stats&u=margaritafawkner
Unquestionably believe that which you said. Your favorite justification seemed to be on the net the simplest thing to
be aware of. I say to you, I definitely get irked while people consider worries
that they just do not know about. You managed to hit the nail upon the top and defined
out the whole thing without having side-effects , people can take a signal.
Will likely be back to get more. Thanks https://kizkiuz.com/user/DeneseRamos1/
It’s amazing to go to see this web page and reading the views of all mates concerning this paragraph, while I am also keen of getting familiarity.
It’s an awesome piece of writing in support of all the
online viewers; they will take benefit from it I
am sure. http://sl860.com/comment/html/?408668.html
It’s really a great and helpful piece of info. I am happy that you simply
shared this useful information with us. Please stay us up to
date like this. Thanks for sharing.