Trade Marks Problem Question

1. Explain the likely consequences of an application to register the following as trade marks
(i) A pyramid shape for chocolate mints, “pointymints”. You note that the pyramid shape is similar in some ways to a well known brand of triangular chocolate Toblerone.
(ii) A name, “Oxford”, for bicycles, which is a well established unregistered mark recognised as a leader in its field of quality bicycles for the last twenty years.
(iii) The smell of “Desire” perfume, which is described by experts as “Vanilla with a hint of spice”.
(iv) An unusual shade of metallic purple used as wrapping paper for mints produced by Rawntree Ltd.
You should consider in your answer –
Basic registrability Section 1 TMA 1994 Absolute Grounds for refusal Section 3 TMA 1994 for a) and b) also carry out a relative grounds search at types/pro-tm.htm and discuss any legal issues arising including issues relating to invalidity. State the correct classification of goods or services for i) to iv).

Assessment criteria
1. Correct identification of legal issue (s)
2. Appropriate legal authorities used and applied
3. Fluency of discussion of same issues
4. Evidence of further and/or wider reading

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