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However, registration does not provide the rights holder with an indefinite and unfettered right to use that mark. Typically, and as is the case in the UK, registration of a trade mark lasts for ten years, after which it can be renewed. Registration does not always guarantee that the rights in a trade mark will subsist.

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In the UK, a registered trade mark is vulnerable to challenge if, within a period of five years following the date of registration, it has not been put to genuine use by the registered owner or with his consent , in relation to the goods or services for which it is registered, and there are no proper reasons for non-use of the mark.

They argued that Gradient had lost its rights in the mark as a result of their not having utilised it during that time. Apple did manage to successfully register the name in a number of other classes, such as software development and advertising categories in which there were no existing third party rights.

Romick: Waiting for Another Bite at the Apple

If Gradient were well advised, they would ensure they make the most of their strong bargaining position. Although an unexpected result, this case highlights the risk to rights holders that mere registration is not always enough.

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The mark must be used genuinely in order for those rights to continue, or the privilege may be lost. What is clear, however, is that minimal use of the mark in an attempt to simply preserve the right will not be enough.

Louisa Mann solicitor. We use cookies to make your experience of our website better.

Beady Eye - Second Bite of the Apple (Live The Voice UK)

Some of these are set by third party Google Analytics to help us analyse website traffic. Other new features include, an integrated compass, headphones with remote and voice control.

‎Another Bite of the Apple on Apple Books

You will also of course get all the new features provided by the iPhone OS 3. It also claims to have an improved battery life compared to the iPhone 3G. With these new features it now catches up to an extent to the many smart-phones which have held their own despite it's attractive multi-touch interface. The video recording feature itself should attract many of those who had held off the Apple path.

News Mobile Phones. By Team Digit Updated Jun 17