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Section 3(4) states that a trade mark shall not be registered— if or to the extent that its use is prohibited in the United Kingdom by any enactment or rule of law or by any provision of EU law. Section 3(5) states a trade mark shall not be registered in the cases specified, or referred to, in section 4 (specially protected emblems).
Trademark Act of 1905 Marks otherwise prohibited by the Act of 1905 (for example, surnames) can be registered if used exclusively for ten years preceding the act, per section 5 of that Act. G. & C. Merriam Co. v. Syndicate Pub. Co. 237 U.S. 618: 1915: Substantive Registration eligibility; Generic terms Majority: Day: Trademark Act of 1881
A patent according to section 1 of the Patent Act, is the right to protect an invention. [15] In the Massachusetts Circuit Court ruling in the patent case of Davoll et al. v. Brown, Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks ...
Congress revised the Trademark Act in 1905. [4] In the 1917 decision in Aunt Jemima Mills Co. v. Rigney & Co., [5] the federal courts created the "Aunt Jemima Doctrine" which protects a trademark even when used to sell a different product (in this case, pancake syrup instead of pancake mix). [6]
The EU Trade Mark (EUTM) system (formerly the Community Trademark system) is the trademark system which applies in the European Union, whereby registration of a trademark with the European Union Intellectual Property Office (EUIPO, formerly Office for Harmonization in the Internal Market (Trade Marks and Designs)), leads to a registration which ...
Passing off is a common law cause of action, whereas statutory law such as the United Kingdom Trade Marks Act 1994 provides for enforcement of registered trademarks through infringement proceedings. Passing off and the law of registered trade marks deal with overlapping factual situations, but deal with them in different ways.
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Section 297 of the Act makes it an offense to fraudulently receive broadcasts for which a payment is required. Section 300 creates the offense of fraudulently using a trademark, inserted as ss. 58A–58D of the Trade Marks Act 1938 c. 22.