Patch 3: Trade Marks Searching and Registering This will take the form of a report based upon a search of the trade marks database. You will be assessed on the following criteria: -Demonstrate the practical skill of formulating a strategy for searching the trade marks database, then executing it Identification of the rules governing registration of trade marks, including relative and absolute grounds for refusal of a mark Application of these rules to a factual scenario, in order to resolve a practical problem +The ability to draft an appropriate report advising the client in the scenario regarding the potential registration of their trade mark You should refer back to the discussions we had in Workshops 9to 11 in preparing for this assessment. The scenario in Workshop 11 was intended to be a formative practice attempt before undertaking Patch 2 of the summative assessment.. Remember that in order to complete this exercise, you will have to bear in mind the rules regarding trade marks that we have dealt with during lectures, as well as drawing upon what you have learnt from the practice exercise in Workshop 11 where you will have conducted a similar exercise to this. The Scenario You are a trainee in a law firm specialising in intellectual property law. Your senior asks you to report on a request from two clients regarding a trade mark that they wish to register for their business. You will need to examine their proposed trade mark, and provide a recommendation to them regarding whether you think his trade mark would be registrable or not. In order to do this, you will need to address several points (listed below) in a report no longer than 1000 words in length. The Mark Your client is an entrepreneur who wants to start a new brand of high-end luxury house paint. The brand will be called Costa and will specialise in earthy natural tones using the finest pigments. The brand will start out by selling house paint and wallpaper. He wants to register the following logo which will be used on the tins containing paint, packaging for the wallpaper, as well as its social media and any other marketing outlets it may explore. Costa You will be required to: a. examine the rules regarding absolute grounds for refusal, and decide whether any of them are applicable here b. decide which class or classes in the trade marks register would be most applicable to your client's trade mark c. conduct a thorough search of the database to look for the possibilities of conflicting trade marks already registered. In order to do this, ensure that you have taken into account the following: i. any trade marks in the same class as the one you wish to register this trade mark in (see http://www.ipo.gov.uk/types/tm/t-applying/t-class.htm for the list of classes) ii. any trade marks in similar classes to the one you wish to register this trade mark in (see hitp://www.ipo.gov.uk/t-class-cross-list. htm for a list of classes the IPO consider to be 'similar') iii. any trade marks which use a similar device (picture, design, etc) to yours but in other classes iv. the names of any competing companies in the same class as the one you are wishing to register in d. ifthere is a conflict, explain what the problem is, and wh_ich part of the relative grounds for refusal is causing the problem, e.g. i. Identical mark, identical goods ii. Identical mark, similar goods, likelihood of confusion ii. Similar mark, identical/similar goods, likelihood of confusion iv. Identical/similar mark, with a reputation All of the above should be considered along with an explanation of relevant law Writing your report You will need to discuss your findings from the above points in your report. Write a report, no longer than 1000 words, which discusses whether this trade mark is registrable or not. Remember that your focus should be upon whether there are any problems with possible registration of this as a trade mark, and therefore your focus is UK TRADE MARK LAW, As part of this, you will need to: a. Identify any possible problems with the absolute grounds for refusal in the Trade Marks Act, making reference to relevant case law. b. Discuss the search you conducted of th e trade marks database, beari in mind the advice in section c) above. ) c. Identify any possible conflicts with other trade marks, and why you believe there is a conflict, in line with the categories in d) above. You must support your discussion with reference to relevant case law. d. Provide clear advice to your client regarding the registrability of their trade mark. PLEASE REMEMBER: THESE ARE INDIVIDUAL PIECES OF WORK AND THEREFORE YOU MUST WORK ON BOTH PATCHES ON YOUR OWN, AND NOT IN COLLABORATION WITH OTHERS. The relevant learning outcomes for this patch are: e Undertake independent research on intellectual property rights and evaluate the results. Apply current UK intellectual property law to construct appropriate solutions to legal problems. * Compose accurate written legal advice, using appropriate writing style and referencing. Please read the guidance notes in Section 3 and the marking criteria in Section 4 for further information on how to approach your assignment and optimise your grade