It can register its trade mark in one of these languages and thereby ensure that it will probably only be confronted with oppositions in one official Community language.
Trade mark law generally protects the trade mark owner against use of its trade mark without permission in a way that may create a likelihood of confusion or association with other similar products or services.
Alexandra Brodie, partner at law firm Gowling WLG, says Cadbury came unstuck because its trade mark was too broad (in the minds of judges anyway).
But, in December of last year the Court of Appeal found for Nestle and held that Cadbury's attempt to future-proof its trade mark holdings by broadening the description of the mark, registered since 1995, was invalid due to the wording being too broad.
Neither had its trade mark "Penneys" ever been used in Singapore.
Probably what really happened was that the plaintiff awoke to the fact that on the expiration of the patent its trade-mark would be questioned, and strove to do what it could to relieve it of any doubts.
It advertised very largely in technical magazines, and in all its advertisements and on all its labels claimed the word 'Aspirin' as its trade-mark.
Its trade has become extensive and valuable, its product has acquired a high reputation and become a source of profit, increasing yearly, and an interruption in the use of its trade-mark and label would cause serious injury in a sum exceeding $5,000.
However, the plaintiff argues along with this user large infringing sales of the drug were being made to consumers under the name 'acetyl salicylic acid.' It has indeed proved that it was unable absolutely to protect the monopoly of the patent, and it is clear that large quantities were piratically sold, though, so far as this record shows, with uniform respect for its trade- mark.
Matt Sammon, Head of UK Trade Marks, Marks & Clerk.
