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Released 16 January 2008
According to the Sieckman test a mark must be all of the below to qualify as
a trade mark.
- Capable of being represented graphically
- Easily accessible
In the Sieckman decision itself, a 'balsamically fruity fragrance with a hint
of cinnamon' was held to be non-registrable.
Following this decision, it is very difficult for non conventional "trade
marks" to succeed to registration.
Corinne Day is a
trainee solicitor who specialises in information technology law and intellectual
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2008-02-17 17:20:28 in Legal Articles