ARTICLE · 03 JANUARY 2024

How Best To Mark Christmas!

Venner Shipley

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While consumer spending habits continue to change, Christmas remains the peak season for many businesses in the western world.

United KingdomIntellectual Property

While consumer spending habits continue to change, Christmas remains the peak season for many businesses in the western world. All do their best to encourage consumers to treat themselves, their partners/families/employees to meals, entertainment or travel to mark the December celebration in the most memorable way. All press the importance of showing love/appreciation at Christmas through desirable gifts.

It is not surprising that businesses try to capitalise on this lucrative market by devising brands around the word CHRISTMAS and that they try to protect these through trade mark registration. The tension lies with the reluctance of the trade mark registration authorities to grant a registration for any mark which they consider should be freely available for use by all. If the mark applied for does not, in addition to the word CHRISTMAS, contain elements which make it distinctive for the goods/services applied for, it is likely to be refused.

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