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Sieckman Test

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Lawdit Solicitors - Expert Author

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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
  • Clear
  • Precise
  • Self-contained
  • Easily accessible
  • Intelligible
  • Durable
  • Objective

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 property law.


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

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