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1137613
star this property registered interest false more like this
star this property date less than 2019-07-08more like thismore than 2019-07-08
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Musicians: Intellectual Property remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 19 June 2019 to Question 264735 on Musicians: Intellectual Property, what steps the Intellectual Property Office take to verify that an individual who claims the rights to a well-known band name is entitled to do so, prior to its registration under the Trade Marks Act 1994. more like this
star this property tabling member constituency Cardiff West more like this
star this property tabling member printed
Kevin Brennan remove filter
star this property uin 274455 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-07-11more like thismore than 2019-07-11
star this property answer text <p>As referenced in the answer to Question 264735, where an application is made to register a trade mark, the application is examined in accordance with the Trade Mark Act 1994 and Rules 2008.</p><p> </p><p>For trade mark applications that consist of the name of a well-known band, the examiner will consider the application based on the facts of the application before them and Section 3(6) of the Trade Marks Act 1994 will be considered. Section 3(6) of the Act states that a trade mark shall not be registered if or to the extent that the application has been made in bad faith. In addition to this, every trade mark application is published, before it is registered, <strong>for an opposition period of up to three months.</strong> During this period, anyone can oppose the registration of a trade mark including where a third party believes that an application has been filed in bad faith - where, for example, facts not visible or apparent to the examiner are known by that third party. This opposition procedure provides a robust mechanism for all parties to submit detailed submissions and evidence.</p>
star this property answering member constituency Kingswood more like this
star this property answering member printed Chris Skidmore more like this
star this property question first answered
less than 2019-07-11T13:03:13.757Zmore like thismore than 2019-07-11T13:03:13.757Z
star this property answering member
4021
star this property label Biography information for Chris Skidmore more like this
star this property tabling member
1400
unstar this property label Biography information for Kevin Brennan more like this
1132267
star this property registered interest false more like this
star this property date less than 2019-06-14more like thismore than 2019-06-14
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Musicians: Intellectual Property remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Business, Energy and Industrial Strategy, what recent representations he has received on protecting musical groups from having their names registered by third parties for intellectual property purposes without permission. more like this
star this property tabling member constituency Cardiff West more like this
star this property tabling member printed
Kevin Brennan remove filter
star this property uin 264735 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2019-06-19more like thismore than 2019-06-19
star this property answer text <p>My rt. hon. Friend the Secretary of State for Business, Energy and Industrial Strategy has responsibility for intellectual property and regularly receives a wide range of representations about rights across the intellectual property spectrum.</p><p> </p><p>In the case of a trade mark application for a band name, the application would be examined in accordance with the Trade Mark Act 1994 and the Trade Mark Rules 2008. Any trade mark applications including the name of a famous individual or group would be considered in line with Section 3(6) of the Trade Marks Act 1994, which states that a trade mark shall not be registered if or to the extent that the application is made in bad faith. Anyone can oppose the registration of a trade mark once it has been published after examination through the Intellectual Property Office’s low-cost tribunal service. The government also provides a specialised Intellectual Property Enterprise Court to provide access to justice at an affordable cost for SMEs and entrepreneurs. This court has streamlined procedures, a limit on legal costs and a cap on damages. It also includes a specific small claims track for disputes up to the value of £10,000.</p>
star this property answering member constituency Kingswood more like this
star this property answering member printed Chris Skidmore more like this
star this property question first answered
less than 2019-06-19T11:20:58.093Zmore like thismore than 2019-06-19T11:20:58.093Z
star this property answering member
4021
star this property label Biography information for Chris Skidmore more like this
star this property tabling member
1400
unstar this property label Biography information for Kevin Brennan more like this