I have recently started studying IP Law. Now looking at Trade Marks and feeling really uncomfortable as how to apply law to the problem question. I wonder if anybody could help whether my structure is correct:
The PQ is as follows: Edmunds is a national food retailer, and has been sourcing organic bread for 20 years from Rutland and branding it as Oakham. Oakham is the best-selling bread range in England with a market share of 55%. Edmunds now wants to register the mark 'Oakham'. Edmunds also developed a 3-D shape of a bread roll for marketing the bread in store. Oakham is the main market town in Rutland. Edmunds is aware of another retailer which has used a 3-D bread roll shape package for its bread for a long time.
I see two issues here:
1. word mark 'Oakham'
2. 3-D shape of a bread roll
I will be discussing the word mark Oakham in relation to Absolute Grounds and the 3-D shape for Relative grounds as there is another retailer who has been using it for a very long time.
Am I correct so far?
Thank you in advance
100s of personal statements examples here