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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 26 February 2024

p. 96236. Subject Matterlocked

p. 96236. Subject Matterlocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter discusses three requirements that a sign must satisfy to be validly registered or, if it is already registered, to ensure that it is not subsequently declared invalid: there is a sign; the sign can be represented adequately; and the sign must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. The chapter also considers specific policy-based limits on the registration of shapes or other characteristics of products, in the form of three ‘functionality’ exclusions. It also briefly outlines certification and collective marks.

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