How to Protect Trademarks

Trademark registration and legislation in the European Union has become more harmonized. The UK Trade Marks Act, which became law on 31 October 1994, is based upon the Community Trade Mark Directive which has been adopted by most of the other European Union members. Up to that point there was a significant difference in approach by European countries as to what could be registered as a trademark. In the UK the definition of a mark has been widened as a result of the new Act: In addition to distinctive words and designs it will now be possible to register distinctive container shapes; the distinctive shapes of the goods themselves; colours; sounds and smells as trademarks. (These are discussed in detail below.) It appears to be generally accepted that the distinctiveness threshold previously applied as a prerequisite to registration will be lower under the new law. This means that it will be easier to register packaging/label designs than was previously the case. Although under the old law it was possible to register a truly distinctive label design, it was not always easy. This was reflected in the fact that very few designs/labels had been registered and therefore the issue of trademark infringement had generally not arisen with regard to them.