Section 40 trade mark objection

Scents

For scent trade marks, the following is a suitable description:

“The trade mark is a scent mark.  It consists of the smell of cinnamon applied to furniture”

Three-dimensional shapes

For three-dimensional shape trade marks, the following is a suitable description:

“The trade mark consists of a 3-dimensional shape of a container as shown in the representations attached to the application form”

Colours

For colour trade marks, the following is a suitable description:

“The mark consists of sky blue colour applied to the goods, as shown in the representation attached to the application form”

Movements

The description for a movement trade mark must be precise and describe exactly what the trade mark consists of.

The following is a suitable description:

“The trade mark is a movement mark. It is the portrayal of the red coloured character as it appears in the video clip attached to the application form.  The two dimensional image of the character attached to the application form is a still of a scene from the video clip. The trade mark does not include words or sound”

If you have received a Section 40 objection to your trade mark, please get in touch so we can review your trade mark and provide you with the appropriate advice.