Fictional characters and false endorsements: when is a trade mark registration considered deceptive?

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Abstract

This article uses the recent case of DC Comics v Unilever to investigate possible overlaps between the absolute and relative grounds for refusal of registration in the examination of trade marks resembling fictional characters. It argues that clearer guidance is needed from courts on the extent to which trade marks which create a misleading impression of endorsement can be denied registration on grounds of deception under sections 3(3)(b) and 5(4)(a) of the UK Trade Marks Act.

Original languageEnglish
Pages (from-to) 119-122
JournalEuropean Intellectual Property Review
Volume45
Issue number3
Publication statusPublished - 01 Mar 2023

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