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TM and Social Media
Perrine GIL
Created on March 20, 2024
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For more information please visit: www.qmul.ac.uk/qlegal
How to run a social media campaign?
IP and Data Protection considerations series
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Trade mark and social media campaign
- distinguishing goods or services of one trader from those of other traders.
- being represented
A sign capable of :
Trade Mark
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
Infringement in 3 situations:
Trade mark infringement
EU IP office https://euipo.europa.eu/eSearch/
UK IP office https://www.gov.uk/government/collections/intellectual-property-trade-marks
Check the UK and EU Intellectual Property Office
Tips to avoid infringement
1. Don’t use third parties’ trade marks
Consent in writing
Licence agreement
2. Asking for permission
Potential defences
Referential use
Honest practices
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!
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Sounds
Colours
Shapes
Logos
Slogans
Words
Indicator of origin
Trade Mark can take many forms
Presenting your product as an imitation or replica of the third party product.
Discrediting the third party TM
Giving the impression there is a commercial connection between your brand and the third party TM owner
Honest practices in industrial or commercial matters
Avoid comprising unnecessary Trade marks
Identifying the product as belonging to their owner
Showing the products for their intended purpose