Glossary
C
- Caveat
A formal procedure before the IPO for tracking the process of an application or proceedings. This is a cost effective alternative to commercial monitoring and does not require the requestor to be actively involved in the events it is tracking.
- Certification mark
This a special type of registered trade mark which can be used by any party who can demonstrate that its products or services comply or meet the subject of the certification. A famous example of such a mark is the Wool mark which can be used by anyone producing goods made of pure wool.
- Classes/classification
A trade mark is granted in relation to those classes of goods or services designated by an applicant at the time of application. There are 42 classes and every conceivable good or service falls into one of these classes. Multiple classes can be selected provided the applicant has a bona fide intent to use the trade mark for those goods or services.
- Collective mark
A special category of registered trade mark which can be used by an association to identify its members. Only members of the association who comply with the rules relating to a collective mark may use the same.
- Community Trade Mark
This a trade mark registered through OHIM and covers the entire European Union.
- Comparative Advertising
The right to use another's registered trade mark for the limited purpose of comparing the respective merits and qualities of competing products or services. Any such use must be fair or could result in the infringement of the comparison trade mark.
- Consent
This can be the express permission of a party to another to do something that would not be possible without the consent. It is also commonly asked for (and given for consideration) to overcome objections to later trade mark applications posed by earlier trade marks and an acceptable practice to the IPO.
- Continued Professional Development
A scheme whereby ITMA members can formalise training, and a reassurance to the public that members have the highest professional standards in terms of keeping up to date with legal developments after qualification
- Cooling-off period
A period available to parties in adversarial proceedings before the IPO or OHIM which suspends the normal time limitations to allow the parties the time to settle the dispute.
- Co-ownership
A trade mark or other intellectual property right can be applied for and owned by more than one party. In such cases, parties' rights are allocated equally and cannot be exercised independently except in limited circumstances.
- Copyright
An automatic right to prevent the copying of an expression of an idea in a literary, artistic, dramatical or musical work; sound recordings, films, broadcasts or capable programmes; and in the typographical arrangement of published editions. Registration is not required in the UK and copyright will subsist provided the author of the work has applied skill and labour in the creation of the work.
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