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IP and Data Protection considerations series

How to run a social media campaign?

For more information please visit: www.qmul.ac.uk/qlegal

Trade mark and social media campaign

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Trade Mark

A sign capable of :

- being represented

- distinguishing goods or services of one trader from those of other traders.

Trade mark infringement

Infringement in 3 situations:

Use a mark identical to a registered mark in relation to identical goods or services

Use a mark similar to the trade mark and used in relation to goods or services identical with or similar to those for which the trade mark is registered +likelihood of confusion between the two marks in the public’s mind.

Use a mark identical or similar to a mark with reputation regardless of the kind of goods or services +the use of the sign takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark

1. Don’t use third parties’ trade marks

Tips to avoid infringement

Check the UK and EU Intellectual Property Office

UK IP office https://www.gov.uk/government/collections/intellectual-property-trade-marks

EU IP office https://euipo.europa.eu/eSearch/

2. Asking for permission

Licence agreement

Consent in writing

Honest practices

Referential use

Potential defences

Be careful of # because they can be registered trade marks

Final Tip!

#

If you want to know more about copyright or data protection issues to bear in mind for your social media campaign, you should watch our next videos!

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Trade Mark can take many forms

Indicator of origin

Words

Slogans

Logos

Shapes

Colours

Sounds

Honest practices in industrial or commercial matters

Giving the impression there is a commercial connection between your brand and the third party TM owner

Discrediting the third party TM

Presenting your product as an imitation or replica of the third party product.

Referantial use

Showing the products for their intended purpose

Identifying the product as belonging to their owner

Avoid comprising unnecessary Trade marks

Registered for specific territories