United Kingdom Intellectual Property Law - trade marks
A trade mark is a brand name or other mark of commercial origin, such as Levi's for jeans, BMW for automobiles and motorbikes, or Coca-Cola for soft beverages. It is a very lucrative right. The best way to protect trademarks is through registration, and all well-known trade marks are registered. As a result, the trade mark owner now has legal standing to oppose trademark infringement by third parties using the same or a similar mark under the Trade Marks Act of 1994 (TMA 1994). Providing the trademark does not violate any TMA 1994 restrictions, the registration of a mark may be renewed forever. The Bass red triangle for beer is the country's oldest trademark. The 1870s saw its registration, and it is still in effect today. The first registered trade mark in Australia was a pine tree symbol that is still used today by Fisons plc for chemicals. Nestle's "Eagle" Brand condensed milk consignment received the first trademark registration in Hong Kong in 1874. A sitting figure design that was registered for pills and bandages about 1884 was the country of Japan's first trademark. For an eagle logo used 17.2.2 for paints by Averill Paints (which is no longer in use), the first US registration was issued in 1870. The name "Samson," which depicts a man and a lion and was first registered on May 27, 1884 for use on cords, line, and rope, is the oldest registered mark in the US that is still in use. Most nations, including the US, use a similar trade mark registration system. "Lowenbrau," which claims usage since 1383, and "Stella Artois," which claims use since 1366, are contenders for the title of oldest continually used trade mark in the world. However, each of the US's 50 states has its own statewide procedure for registering trademarks that is separate from the federal system. Priority is given to trademarks registered in one (or more) States above later registered national (federal) rights. Except for the US, where a statute expressly protects unregistered trade marks, a trade mark that is not registered can only be protected under the law of passing off.
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