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Trade mark toolkit

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07/03/2014

Logos are often protected as trade marks or claim copyright. However did you know they can also be registered as designs? To enforce copyright, a claimant must establish copying which can present a difficult evidential burden. Unless a trade mark has a reputation, a claimant alleging trade mark infringement must establish the infringing logo is similar and there is a likelihood of confusion. However, registered designs can be enforced without the need to establish copying or a likelihood of confusion. Rather, a claimant in design infringement proceedings must establish the infringing logo does not create a different overall impression.

Designs are relatively inexpensive and very quick to register. For example a Community Design can be granted registration within a day. Designs are therefore a useful but often overlooked tool in the armour of intellectual property protection.

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