Intellectual Property Law

This essay examines the process of registering a trademark for a Sri Lankan company in the UK, using a case study of a hypothetical company, 'Tablet Computer,' to illustrate the practical aspects of trademark registration.

Intellectual Property
law

INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Intellectual property law deals with certain provisions which help in securing and
enforcing legitimate rights to inventions, creativity and artistic works. For example; law defend
the ownership of personal property or real estate, so just like that it will help in protecting
exclusive control of intangible assets 1. Therefore, assignment is going to highlight an
appropriate process of registering trademark of Sri Lankan company as UK trade marks.
However, certain rules and regulations need to be followed by an organization which is named as
“Tablet computer” in order to registering trade mark. At the same time, few likely consequences
are also outlined in the project for understanding the whole procedure by showing distinct
situations.
TASK
Trademark is a sign, symbol, design, creativity or any other thing which differentiate the
products and services of certain organization from their competitors. In fact, this is used by
companies for identifying their services which is mainly consider as service marks. Along with
this, helps an organization in running their business entities in their own way and design products
on their decided name or logo. Although, every organizations are trying to register their
trademarks at marketplace which helps them in attaining set sales targets by using brand name
across the market.
According to given case study, Tablet computer is an organization dealing in telecom
industry is trying to register their trademarks in UK for running their business entity in nation.
Basically, company have decided to use the phrase as their trademark that is “Tablex Inc” for
capturing the minds of distinct clients. Along with this, company have designed numerous other
things trademark such as; “Take a Note” is a major part of their slogan through they wanted to
convey this message that Tablex laptops are really appropriate for managing notes 2. For
instance; designing of business proposals, storing notes, sharing with other and so many other
activities. Additionally, uses the distinct unique sound while designing laptops in order to make
1 Tansey, G. ed., 2012. The Future Control of Food: A guide to international negotiations
and rules on intellectual property, biodiversity and food security. Routledge.
2 Johnson, E.E., 2011. Intellectual property and the incentive fallacy. Fla. St. UL Rev., 39,
p.623.
1

the product different from others. Furthermore, strawberry logo of an association symbolizes the
product which is somehow similar to one of the famous competitor. By considering all these
elements, it has been understood that company might face some of the major and relative refusal
grounds, basic registrability process and nice classification of goods or services.
Therefore, an organization needs to know about the suitable procedure of registering a
trademark in UK for minimizing the negative outcomes that might come out while doing
process. Along with this, it is essential to follow all the rules and regulations which are set by
legitimate bodies during registering process and be prepare for encountering various cross
questions. However, formal process of registering trademark is discussed as follows in more
detailed manner-
First or foremost process is to search the name, symbol, design, logo or the thing which
an organization is going to registered is whether already registered or not. It means, before
applying for application, an association or person whomsoever is going for this, needs to analyse
that this is used by any other person not. After that, it is essential for company to be specific
about the class or sector in which they are going to use the brand or product. It means, as per
legitimate bodies there are almost 45 classes are present which are further differentiate into
various industries/ business areas/ science technology. For example; Tablet computer is currently
dealing in telecom industry and engaged in designing laptops as well as by using same name they
are also dealing in automotive industry in some other country. Additionally, one thing is also
need to be understood that; generic word or general language is also get rejected by legitimate
bodies during registering process 3.
Now, by doing these activities, an organization that is Tablet computer who is going to
register a trademark will go through a legal or formal steps which is set by governing bodies for
trademark registration.
 Start the trademark application- First or foremost phase is to begin with application
process on IPO/GOV site and further click on green button for starting with it.
 Select who is registering- As per this term, question is asked related to identity whether
a person who is registering on the behalf of an organization or applying for individual.
3 Liegsalz, J. and Wagner, S., 2013. Patent examination at the state intellectual property
office in China. Research Policy, 42(2), pp.552-563.
2

But if lawyer is applying for this then, he/she needs to click on that option but if not then
click bottom right-hand corner.
 Fill in or retrieve your details- It’s time to fill up some necessary details which consist
of several information about company trademark. Basically, e-mail address is used for
retrieving necessary details about trademark. Moreover, if an association is doing for first
time then, it is essential to mention clear information about company details and so on.
Therefore, necessary facts and certificates will easily reach through postal address.
 Enter basic format of trademark- In the next phase, necessary question will asked such
as; its words, letter, number or any other thing. However, most of the trademarks are any
words, letters or any numbers. For example; “Tablex Inc” is a trademark of Table
computer organization who is dealing in telecom industry. Along with this, company can
also add the sound which is set by company i.e. Turkish musical march. After doing this,
select yes after entering company brand name then click to the next button 4.
 Enter an advanced format of trademark & upload image- In this phase, an
organization needs to define the category of trademark. For example; Statement A-
Words, letters as well as numbers are consider in this section. Statement B- If an
organization added few graphics, distinct style, and colour or with a unique picture then
its falls under advancement of statement B. Statement C- It’s a unique way of trademark
which shows the sound and musical score of an organization. Along with this, shows
innovativeness of an association. Hence, if section B has been selected than there is an
option of uploading an image in them for showing it on formal site in order to get
approved by legal bodies 5.
 Requires to select or series trademarks- Now this time, an organization is going to
select series while registering a trademark. For instance; a single trademark which is
having only one design/phrase/words and provides best amount of protection if anyone
trying to copy it. Furthermore, if company wanted to add some more additional benefits
4 O'Connor, T.S., 2011. Development of intellectual property laws for the Russian
Federation. Journal of Business Research, 64(9), pp.1011-1016.
5 Sell, S.K., 2010. The rise and rule of a trade-based strategy: Historical institutionalism
and the international regulation of intellectual property. Review of International Political
Economy, 17(4), pp.762-790.
3

then its cost will increase and extra cost that is around £50 per added variation. By the
way its unnecessary for company but if an association wanted bulletproof then it’s really
worth it.
 Selection of class and term- In this phase, an association will select their industry type
such as; telecom industry for tablet computer.
 Supplying of disclaimer- As per this factor, an organization is now having an authority
to claim regards associated with trademark but it’s really irrelevant for other applicants.
However, for further or more information representative of an organization have an
authority to consult with lawyer in order to get satisfied.
 Judgement related with priority or normal claim filing- This question is asked that;
are you really want a priority claim.
 Selection of trademark type- Now an organization need to select the kind of trademark
they are applying. Basically, various members select default option. On the other hand,
collecting mark is for specific organization which are exchanging goods or services for
certification which guaranteed that goods or service that is offered by organization is
appropriately meeting the standard 6.
 Determine type of examination for trademark- In this step, legal bodies have set two
type of assessment one is Right start another is standard. However both are distinct from
each in terms of cost such as; around £200 in overall paid by company and almost £100
upfront in right start within 20 days whereas almost £170 will incurred in standard.
 Reviewing and submission of trademark application- At last, person, lawyer or
representative of an organization whomsoever is filling an application needs to review the
entire application before submitting it. Therefore, review it, amend and then click next
button for further procedural 7.
Now click next for further procedure in which company will see payment page and
afterward affirmation page will appear. In this manner, it would be ideal that an organization
6 King, B. and Thatcher, A., 2014. Attitudes towards software piracy in South Africa:
Knowledge of Intellectual Property Laws as a moderator. Behaviour & Information
Technology, 33(3), pp.210-224.
7 UK TRADE MARKS, 2018. [Online]. Available through<
https://www.albright-ip.co.uk/trademarks/uk-trademarks/>
4

must have screenshot of application number. Alongside this, company can get further email soon
on their entered e-mail address. Subsequent to finishing the application procedure, an
organization will get feedback on the submitted application inside 20 days and get 2 months for
settling if there are any issues. Henceforth, if the analysts have no complaints then application is
going to distributed in the journals of trademarks for relatively 2months, while that time frame,
anybody can contradict it. Fundamentally, in UK trademark remains or keep going for very
nearly 10 years after that time you have the specialist to recharge it by paying reestablishment
expenses on right length .
All through the use of trademark in UK it has been comprehended that, Tablet computer
have experienced different results while enrolling their motto that is "Take a note" and while
portraying a strawberry logo which is almost equivalent with one of the famous brand of
competition. Hence, some of the major consequences which is encountered by an organization
while registering the trademark is detailed as further-
I) Mark which is a "Take a Note" is a piece of promote motto yet may get dismissed by
genuine bodies since this word isn't looking that much proper. On the other hand, it has been
analysed that, there is also a chance of acceptance likewise on the grounds that laptop are utilized
for notes and in truth having particular characteristics that separate them from work area. For
instance; taking a snap, agreeable, mobile, henceforth. Accordingly, according to these reason
this trademark will acknowledged. In any case, there are some other refusal grounds that make
the item denied by assessor while surveying that is this is almost same as other item and doesn't
look that much one of a kind. Furthermore, in the 2 months of trademark journals , there are
almost various possibilities for resistance because of comparative sound when contrasted with
different contentions 8.
ii) Turkish walk is an Italian walk which was composed by established author in Turkish
dialect which comprises of particular rhyme styles, bass drums and triangles. Fundamentally, it's
an established melodic tone which is utilized by organization for their initial couple of notes
which may dismiss by lawful bodies since this was created by Turkish author. Indeed, this is now
utilized and extremely renowned style in Turkish. Then again, there are additionally satisfactory
grounds, for example, hints of drums are great for PCs music and their initial couple of notes.
8 Brewster, R., 2011. The Surprising Benefits to Developing Countries of Linking
International Trade and Intellectual Property. Chi. J. Int'l L., 12, p.1.
5

iii) a logo demonstrates the strawberry which is like another PC mark which is an as of
now an exceptionally popular brand is real disadvantage and factor of refusal by assessor while
evaluating inside 20 days. Alongside this, if some way or another get acknowledged in
examination process than there is surety of dismissal or restriction in trademark diaries.
CONCLUSION
From the above report, it has been summarized that registration process of trademark is
very much complex procedure but very much protective for an organization and helps in
attaining set objectives or goals in a defined time period. Throughout the analysis, it is
understood that legal bodies have implement suitable procedure for minimizing the possibilities
of fraudulent activities by setting suitable procedures. Hence, entire assignment is showing that
company who is going to register their trademark has gone through numerous of complex
procedure for differentiating their products or services from other competitors. Last but not the
least, it has been understood that intellectual property is really best practices which is designed
by legal bodies because it helps corporate world and real designer for protecting their goods from
getting misused.
6

REFERENCES
Books and Journals
Tansey, G. ed., 2012. The Future Control of Food: A guide to international negotiations and
rules on intellectual property, biodiversity and food security. Routledge.
Johnson, E.E., 2011. Intellectual property and the incentive fallacy. Fla. St. UL Rev., 39, p.623.
Liegsalz, J. and Wagner, S., 2013. Patent examination at the state intellectual property office in
China. Research Policy, 42(2), pp.552-563.
O'Connor, T.S., 2011. Development of intellectual property laws for the Russian
Federation. Journal of Business Research, 64(9), pp.1011-1016.
Sell, S.K., 2010. The rise and rule of a trade-based strategy: Historical institutionalism and the
international regulation of intellectual property. Review of International Political
Economy, 17(4), pp.762-790.
King, B. and Thatcher, A., 2014. Attitudes towards software piracy in South Africa: Knowledge
of Intellectual Property Laws as a moderator. Behaviour & Information
Technology, 33(3), pp.210-224.
Brewster, R., 2011. The Surprising Benefits to Developing Countries of Linking International
Trade and Intellectual Property. Chi. J. Int'l L., 12, p.1.
Online
UK TRADE MARKS, 2018. [Online]. Available through<
https://www.albright-ip.co.uk/trademarks/uk-trademarks/>
7

8

9