3rd May 2019 marked a significant day in history, as the date that the first ever UK moving multimedia trade mark was registered. The trade mark, which was registered in favour of Toshiba, features the company’s logo and a brightly coloured, origami-style design which folds out and back in again.
Multimedia Trade Marks – The Law
Registration of Toshiba’s mark was made possible by a change to the law at European level (EU Regulation 2015/2424). The changes required to UK law, which came into effect on 14 January 2019, represent a move towards modernisation in trade mark law and reflect how technology has changed the way that brand owners interact with consumers.
The legislative reform removed the need for a trade mark to be represented graphically, by permitting technical alternatives to graphical representation, provided that the trade mark applied for is presented in a manner which is clear and precise, as well as compliant with the rest of the Sieckmann criteria.
Furthermore, UK law now allows the Intellectual Property Office (IPO) to determine the technical specifications for electronically filed trade marks. This ensures that the specifications remain flexible and can be quickly adapted in light of technological advances.
Significance
The reform has widened the scope of what it is possible to trade mark. Holograms, motion marks and sound marks are all now eligible for trade mark protection. This represents a leap forward, as technology allows for a new flexibility and clarity for marks that are unable to be graphically represented, or at least represented accurately by graphics alone. It also reflects the different technological mediums through which brand owners can connect with their customers.
Tim Moss, CEO of the IPO, noted the impact of this legal development. He observed that “trademarks are likely to become increasingly innovative in the digital age, as organisations explore imaginative ways of reflecting their distinctive brand personalities using creative IP” now that the trade mark system is more attuned to the internet era.
How Nelsons Can Help
Our Intellectual Property team in Derby, Leicester and Nottingham is experienced in registering and defending trade marks, as well as a wide variety of other related matters.
If you would like advice in relation to multimedia trade marks or any related subjects, please call 0800 024 1976 or contact us via our online form.
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