Fender or Gibson UK trade marks

Subject: Fender or Gibson UK trade marks
From: Richard Bridge
Date: 24 Mar 06 - 11:28 AM

I have been hearing rumours that Fender and/or Gibson are trying to get UK trade marks for their guitar body shapes and headstock shapes.

I am getting no sense out of the UK patent office (yes, patent office even though the issue is trade mark) about this.

Has anyone else heard anything?

Subject: RE: Fender or Gibson UK trade marks
From: GUEST,Dazbo
Date: 24 Mar 06 - 11:36 AM

I would have thought, from a layman's point of view, that it was too late to do this as they have been copied by other manufacturers for donkey's years and would therefore, like the word hoover, is in the public domain.

Subject: RE: Fender or Gibson UK trade marks
From: Richard Bridge
Date: 24 Mar 06 - 11:50 AM

That may very well be one of the issues, but from this persepctive (there are others) it may be matter of whether the shape has become descriptive of a type of goods. I would doubt that. Novelty or originality is not required of a trade mark. What is required is that the potential mark is capable of distinguishing the goods of the proproetor.

Subject: RE: Fender or Gibson UK trade marks
From: Tootler
Date: 24 Mar 06 - 02:08 PM

Yes Patent Office. When I worked there (many years ago now) the full title was "Patent, Trade Marks and Design Office" or words to that effect. I actually worked in the Patent Office itself, but we used to get judgements circulated and they included cases on Trade Marks and Registered Designs as well.