Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Registrability of slogans as trade marks
Slogans objectionable under Sections 3(1)(b) and (c) of the Act
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The first question to be answered in assessing the registrability of a slogan is whether it consists exclusively of a sign which may serve, in trade, to designate characteristics of the goods and services, including "intended purpose". Slogans that fall within this exclusion will be refused under Section 3(1)(c).
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In assessing the likelihood of other traders using the sign in trade as a description of the goods and services, use in advertising should be taken into account (see the Appointed Person's comments in the "Day by Day" decision).
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Slogans which include the applicant's trade mark will not consist exclusively of a sign which may be used in trade to designate characteristics of the goods and services. Consequently, marks such as "VOLVO FOR LIFE" (Class 12) will be accepted as distinctive in the prima facie.
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Many slogans describe the quality or intended purpose of the goods/services. For example:
NEVER CLEAN YOUR SHOWER AGAIN (Class 3): objection is intended purpose AN EYE FOR DETAIL (Class 25): objection is quality THE WORLD'S BEST WAY TO PAY (Class 36): objection is quality WHAT YOU NEVER THOUGHT POSSIBLE (Classes 9 and 38): objection is quality BEAUTY ISN'T ABOUT LOOKING YOUNG, BUT LOOKING GOOD (Class 3): OBJECTION IS intended purpose.
Slogans objectionable under Section 3(1)(b) of the Act
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In many cases, a slogan that is not caught by Section 3(1)(c) will not be subject to an objection under Section 3(1)(b). However, where the slogan describes a means of conducting business, it may be open to objection under Section 3(1)(b) even though there is no Section 3(1)(c) objection. This is because such statements will not be taken as a trade mark by the average consumer and are therefore devoid of any distinctive character. For example:
HAGGLE FREE BUYING (Class 12) or the slogan may be a combination of descriptions of means of conducting business and characteristics of the goods, for example, HAGGLE FREE BUYING, WORRY FREE OWNERSHIP (Class 12): where the first part describes a business style and the second part also describes the quality of the goods. Such applications will be refused under Section 3(1)(b).
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Where the slogan is fanciful, imaginative (or just impenetrable) in respect of the goods/services at issue, it may be accepted. For example:
FROM THOUGHT TO FINISH (Classes 9, 16, 35, 41 and 42) (imaginative).
"Trade Marks Journal"
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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