Claire France
Claire France is a member of the Trade Marks Unit within the Intellectual Property Department of the London office of Baker McKenzie joining in 2011. Claire advises on all aspects of trade mark protection, with extensive experience in global brand clearance and filing strategy as well as and transactions involving intellectual property. Claire also advises on trade mark disputes such as oppositions and cancellation actions and negotiation of settlements.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2006
Experience
- Baker McKenzie (2011 - 2024)
- Intellectual Property Office of New Zealand (2007 - 2009)
Membership
- Barrister & Solicitor of the High Court of New Zealand
- INTA
Qualification
- LLB/BA (2006)
Education
- University of Otago (2001-2006)
1 Contributions by Claire France
PRACTICE NOTES
UK and EU non‑traditional trade marks: representation and distinctiveness; shape, colour, sound, pattern, position; Brexit implications and passing off
A UK trade mark
Section 1 of the Trade Marks Act 1994 (TMA 1994) describes a UK trade mark as any sign that is capable:
of being represented on the register in a way that enables the registrar, other competent authorities and the public to determine, clearly and precisely, the subject matter of the protection granted to the proprietor; and
of distinguishing the goods or services of one undertaking from those of other undertakings.
TMA 1994, s 1 also notes that a trade mark may, in particular, comprise words (including personal names), designs, letters, numerals, colours, sounds, or the shape of goods or their packaging.
The definition in TMA 1994, s 1 is drawn from Article 3 of Directive (EU) 2015/2436, which was brought into UK law on 14 January 2019 by the Trade Marks Regulations 2018, SI 2018/825.
Previously, a mark had to be capable of being ‘represented graphically’ on the register; the updated approach gives proprietors greater flexibility to use a wider range of representations, including sound and video files...
IP
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