Logos and No-gos: are device marks mere devices?

14 November 2012

Companies should not try to obtain un-registrable trade marks by hiding behind fig leaves of embellishment to the mark, and trade mark registries should be “astute to the consequences of” this practice.

This is the recent guidance handed down by the High Court following proceedings brought by Starbucks (unconnected to the coffee company), PCCW Media and UK Broadband Limited (which together are part of a broadcasting, media and telecommunications group, PCCW) against companies within the Sky Broadcasting Group (together, Sky).