Current Legislation in the UK Governing Registered Trade Marks

A trademark protects well-known brand logos and helps differentiate them from similar products or services. When you register for a trademark, you are entitled to display the ® symbol (registered trade mark). If you are registered for this, others must request permission If they wish to use your brand. If permission is not requested, legal action can be

However it has been said that because the product and the business are so vastly different from one another that the two may use the same name without misleading consumers (McWilliams Wines Pty Ltd v McDonald’s System of Australia Pty Ltd (1980) 49 FLR 455).

2.6 Explain the establishment of a trade name and trademark: Filing a trademark registers a logo or slogan to be displayed on goods or services for public record.

Establishing a strong brand is critical to business success. Protecting a brand is equally as important. According to Law for Recreation & Sport Managers, they discuss on what exactly is a trademark and is recognized as ”any word, name, symbol, or device, or any combination thereof, adopted or used by some entity to identify their goods and distinguish them from those manufactured or sold by others” (Cotten & Wolohan, 2017). The purpose of a trademark is to protect the owner and to prevent others from using the mark in a way that will cause confusion. In this case, The University of New York (UNY) has filed for federal trademark registration their name and logo, however, the New York Yankees and New York University (NYU) filed an objection on their own expressing that UNY infringed on the Yankees logo and also infringed on the name of New York University as well.

One of the recommendations is to ‘strengthen the laws governing the disqualification of directors of companies, allocate more resources to detection and prosecution of offenders, change public and judicial attitudes to acknowledge the seriousness of this type of white-collar crime, improve information flows between regulators, and enact laws to allow the freezing of assets over which a company has a claim’ . In response, the ATO established the Phoenix Project’ based on the main idea of 1994 VPLRC report, which allocated more staff to work with other agencies to address the phoenix problem . However, the provisions of director disqualification were established in 1999, but not significantly strengthened. The report also recommended legislation to restrict the use of business names similar to those of the failed corporation, based on legislation in the United Kingdom . This recommendation is the fundamental conception of the Similar Names Bill which is published in

The Doctrine of Separate Personality has been an important aspect in the Company Law for a long time. It had been discussed heavily in the Salomon v Salomon & CO (1987) which was the leading case for this matter (Dine and Koutsias, 2009, p.17). In fact, it may be the most well-known case in the company law. Company law is simply any laws that related to organizations and businesses in the UK. However, the one that established the doctrine of separate personality is not from Salomon case, it simply permitted its application to one-man and private companies (Kelly, Hammer and Hendy, p.356). Under the separate personality is said to be a ‘veil’ that separated between the owners and the business. This veil can actually be pierced whether under a companies legislation or common law. Thus, in this essay there will be discussions about the matter of separate personality and lifting the veil of incorporation with reference of the leading case Salomon v Salomon & CO and other cases that are related.

In the article “7 Reasons Why Trademarks Are Important to Your Business”, Abigail Rubinstein illustrates that “Trademarks are an effective communication tool…Trademarks make it easy for customers to find you…Trademarks are a valuable asset…Trademarks never expire” (Rubinstein, 2014). Trademarks aren’t only products of unique designs but also carry many values within them. A trademark represents a company and how that company does in the market. Furthermore, a trademark is how people use to recognize the products of a company and identify their favorite items. Without trademarks, people have a hard time to find the products that they love because many of them use remember trademarks instead of the name of companies. It is easy to understand

Anyone who works with electronic data or information is liable to comply with this legislation

M. Markel, author of the article Histories of Product Regulations: Food Standards Under the 1938 Food, Drug, and C. A.: Bread and Jam supports the use of standards for product regulation, shelf-life and food storage expectations. He explains that “By 1957, Standards had been set for many varieties of products, yet in 1954, hearing procedures were modified to waive hearings in undisputed cases. The hearings to set standards best illustrates the new complexities. FDA officials had a saying based on years of regulatory work that anyone with a new food additive of ingredients tried it first in bread.” Although the FDA continues to regulate all food productions, specific food storage methods that provide additional shelf life remain the most

The following are some of the responses from various aspects of the society, which lays down the duties as well as the responsibilities for the whole society:

Trademark dilution and infringement are subjective concepts based on concreteconsumer confusion. Hence, negative capability- the ability to perceive the market from the consumer’s viewpoint- is necessitated. But trademark law stubbornly sticks to the standard of the reasonable man. This also signifies the loss of the essence of trademark law: the protection of the brand image of trademarks in the consumer’s mind- that is, the concrete consumer’s conception and not that of the fictive

One of the major issues regarding on this argument is the wording in Art.263(4) TFEU. For the first few criteria, it has slight difference between the old and new act, however, in a light of making things clearer, the wording of one of the criteria in Art 263(4): which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them. The so-called regulatory act has sparkled a large debate and uncertainty on its definition. A presentation by the lower court in the EU pointed out that: a distinction should be drawn between legislative measures and regulatory measures . It was added that private parties should challenge only regulatory measures openly. In addition, Art. 230 TEC should not open the gate towards challenging legislative acts. In fact, the crucial point in deciding whether locus standi of private parties exist now hugely depends on the distinction and definition of ‘regulatory act’ but no longer the directness between the party and the act

Trademarks commonly referred to as ‘identifying marks’ or ‘distinctive marks’[1] have been recognised in some form or the other since times immemorial. They were one of the foremost forms of intellectual property protection witnessed by the world and have undergone a steady evolution since then. The first legislation on trademarks can be traced to England where the Bakers Marking Law, 1266 was enacted, which governed the use of stamps or pinpricks on loaves of bread. The first case of trademark infringement, Southern v How was heard as far back as 1618.

The overarching issue is whether Proteins could justify piercing the corporate veil and stop the operation of Byproducts by enforcing restrictive covenant under John’s employment agreement.

The United Kingdom has three distinct legal jurisdictions, each independent of the other. The jurisdictions include England and Wales, Scotland and Northern Ireland, which are collectively referred to as the United Kingdom law. However, it is imperative to acknowledge that each of the systems has differences in the procedural manner that commercial litigations take place. The European regulation which is Regulation 44/2001 that deals with the jurisdiction of each of the courts and the enforcement of judgments in civil and commercial disputes is applicable to the United Kingdom in its entirety. It is universally referred to