Essay question on the extent to which the Trade Marks Act 1994 has expanded the range of product attributes that could be registered as a trade mark

The first 200 words of this essay...

Intellectual Property

Michael Roberts

Tutor Group: A

Dr. Ilanah Simon Fhima

'The Trade Marks Act 1994 was intended to expand the range of product attributes that could be registered as a trade mark, but the extent to which it has achieved that goal is debatable' (Michael Spence, 2007).

Do you agree with this statement? Illustrate your answer by reference to the case law on the registrability of non-traditional trade marks.

Since the Trade Marks Act 1994 ("the legislation") was enacted to implement the Trade Marks Directive (Directive 89/104) ("the Directive"), the traditional notion that trade marks are limited to words and pictures has been eradicated. Recently, all kinds of product attributes have fallen under the scope of trade marks: some successfully, others not so successfully. The impact the legislation has had on the trade mark registration system is unquestionable, but the extent to which its goals have been fulfilled is certainly a matter of debate. I will now briefly outline the structure of the essay. Firstly, the main provisions of the Trade Marks Act 1994 will be set out, following which I will outline various types of unusual trade marks with reference