WIPR survey: 80% of readers say trademark series do not breach EU law
A majority of WIPR readers have agreed with a recent ruling that registering trademarks as a series does not breach an EU law.
The English Court of Appeal ruled that such marks do not violate rules that require a trademark to be graphically represented in a clear, self-contained, easily accessible, intelligible, durable and objective manner.
When asked whether they agreed with that position, 80% of WIPR readers who took the survey said they did.
The Glee Club, a UK based comedy venue, was at the centre of the dispute and won its second trademark case against US TV show “Glee”, the Court of Appeal confirmed on May 25.
The court held that the registration of trademarks as a series is not contrary to EU law. It further confirmed the validity of The Glee Club’s marks.
Fox had claimed that series marks should be invalid under EU law and that it is necessary to have a “single point of comparison” between all of the marks.
Readers commented on the matter, with one saying: “Series marks themselves are unique to the UK within the EU, but the permitted differences between marks in a series are so slight that they meet these requirements.”
Another reader who agreed said: “Series are a sensible and efficient part of the trademark system.”
For this week’s survey question, we ask: “Last week the US Patent and Trademark Office stopped receiving public comments on plans to reform proceedings at the Trademark Trial and Appeal Board (TTAB). Do you think the TTAB reforms will be beneficial?”
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