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 language | English |
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Pages (from-to) | 119-122 |
Journal | European Intellectual Property Review |
Volume | 45 |
Issue number | 3 |
Publication status | Published - 01 Mar 2023 |