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Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Protection for Geneva Convention symbols Edward Smith

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Presentation on theme: "Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Protection for Geneva Convention symbols Edward Smith"— Presentation transcript:

1 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Protection for Geneva Convention symbols Edward Smith Nathan Abraham

2 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Article 53 of the First 1949 Geneva Convention states: –The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation Red Cross or Geneva Cross, or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times

3 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Art 53 protection is absolute; not restricted to medical use; confusion not required; applies to symbols and designations.

4 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk In contrast…… Compare with the broad protection given to Art 6ter flags (American Clothing case C-202/08P, para 47).

5 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk National law

6 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk National law Objection raised on the basis that the use of the mark applied for or containing such a symbol or designation would be prevented in the UK by any enactment or rule of law (section 3(4) of The Trade Marks Act 1994). Geneva Conventions Act 1957 (section 6).

7 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk National practice Marks comprising or containing crosses or other protected symbols in colours (clearly) not red - not objectionable

8 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

9 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

10 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk REDD KROSS

11 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

12 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

13 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk RED CRYSTAL

14 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

15 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

16 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk

17 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Working with the Red Cross… Decision to accept a mark that of the registry alone. But we work closely with the British Red Cross and will carefully consider observations or, of course, formal opposition.

18 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Working with the Red Cross….. IPO has enforcement role as well as trade mark registration authority eg. (But this brewery has been using before Geneva Conventions Act !!)

19 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk The Leaflet Applies only to applications made in black and white containing or comprising one of the symbols; Written by the Red Cross Sent out with examination report Does not constitute an objection

20 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk As a follow-up of the LM meeting: Information about the applicable law(s) for refusing Red Cross –signs Any interesting borderline cases Like Norway, wed like to hear…

21 Intellectual Property Office is an operating name of the Patent Officewww.ipo.gov.uk Thanks for listening Merci de lécoute Danke für das Hören Gracias por escuchar


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