Journal Article

Registration of olfactory, aural and three-dimensional trade marks in the EU and UK: a comparison

Michael Goulbourn

in Journal of Intellectual Property Law & Practice

Volume 7, issue 11, pages 816-826
Published in print November 2012 | ISSN: 1747-1532
Published online November 2012 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps160
Registration of olfactory, aural and three-dimensional trade marks in the EU and UK: a comparison

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Michael Goulbourn is a Legal & Business Affairs Executive at Guinness World Records.

This article seeks to explore the various barriers that aural, olfactory and three-dimensional marks face under EC and UK legislation.

Exploring the bases of registration in respect of aural and olfactory marks, the article questions the need for the requirement for graphical representation, particularly in light of technological developments not necessarily envisaged by the drafters of the legislation in question.

In relation to three-dimensional marks, the article examines the purpose behind the ‘technical result’ bar to registration, and whether this is achieved by current jurisprudence or whether more nuanced measures are more suited to the task.

Journal Article.  7892 words. 

Subjects: Arbitration ; Intellectual Property Law

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