IP and Data Protection considerations series
How to run a social media campaign?
For more information please visit: www.qmul.ac.uk/qlegal
Trade mark and social media campaign
Next
Trade Mark
A sign capable of :
- being represented
- distinguishing goods or services of one trader from those of other traders.
Trade mark infringement
Infringement in 3 situations:
Use a mark identical or similar to a mark with reputation regardless of the kind of goods or services + the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark
Use a mark similar to the trade mark and used in relation to goods or services identical with or similar to those for which the trade mark is registered + likelihood of confusion between the two marks in the public’s mind.
Use a mark identical to a registered mark in relation to identical goods or services
1. Don’t use third parties’ trade marks
Check the UK and EU Intellectual Property Office
Tips to avoid infringement
UK IP office https://www.gov.uk/government/collections/intellectual-property-trade-marks
EU IP office https://euipo.europa.eu/eSearch/
2. Asking for permission
Consent in writing
Licence agreement
Potential defences
Honest practices
Referential use
Final Tip!
Be careful of # because they can be registered trade marks
If you want to know more about copyright or data protection issues to bear in mind for your social media campaign, you should watch our next videos!
Our Resource Hub:
For free legal advice:
Indicator of origin
Trade Mark can take many forms
Logos
Shapes
Words
Slogans
Sounds
Colours
Honest practices in industrial or commercial matters
Discrediting the third party TM
Giving the impression there is a commercial connection between your brand and the third party TM owner
Presenting your product as an imitation or replica of the third party product.
Referantial use
Identifying the product as belonging to their owner
Showing the products for their intended purpose
Avoid comprising unnecessary Trade marks
Registered for specific territories
TM and Social Media
Perrine GIL
Created on March 20, 2024
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Transcript
IP and Data Protection considerations series
How to run a social media campaign?
For more information please visit: www.qmul.ac.uk/qlegal
Trade mark and social media campaign
Next
Trade Mark
A sign capable of :
- being represented
- distinguishing goods or services of one trader from those of other traders.
Trade mark infringement
Infringement in 3 situations:
Use a mark identical or similar to a mark with reputation regardless of the kind of goods or services + the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark
Use a mark similar to the trade mark and used in relation to goods or services identical with or similar to those for which the trade mark is registered + likelihood of confusion between the two marks in the public’s mind.
Use a mark identical to a registered mark in relation to identical goods or services
1. Don’t use third parties’ trade marks
Check the UK and EU Intellectual Property Office
Tips to avoid infringement
UK IP office https://www.gov.uk/government/collections/intellectual-property-trade-marks
EU IP office https://euipo.europa.eu/eSearch/
2. Asking for permission
Consent in writing
Licence agreement
Potential defences
Honest practices
Referential use
Final Tip!
Be careful of # because they can be registered trade marks
If you want to know more about copyright or data protection issues to bear in mind for your social media campaign, you should watch our next videos!
Our Resource Hub:
For free legal advice:
Indicator of origin
Trade Mark can take many forms
Logos
Shapes
Words
Slogans
Sounds
Colours
Honest practices in industrial or commercial matters
Discrediting the third party TM
Giving the impression there is a commercial connection between your brand and the third party TM owner
Presenting your product as an imitation or replica of the third party product.
Referantial use
Identifying the product as belonging to their owner
Showing the products for their intended purpose
Avoid comprising unnecessary Trade marks
Registered for specific territories