Page 2: Protecting the brand
In the UK the definition of a Trade Mark is: “any sign capable of being represented graphically, which is capable of distinguishing goods and services of one undertaking from those of other undertakings. A Trade Mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging” (Trade Mark Act 1994). This means that the name: Dr. Martens, Doc’s, DM’s, Doc Martens, Dr. Martens Air Cushion Soles etc., as well as AirWair, AirWair with bouncing soles (and device), are protectable as Trade Marks. Additionally, the overall configuration of the product, and the Trade Dress, may be protected through Three Dimensional Trade Mark and Design protection. New advertising slogans may also be regarded as Trade Marks - e.g. “Made Like No Other Shoe on Earth” and protected as such. Further protection can be gained for the following...
- Packaging and advertising literature are copyright works.
- New design and development in manufacturing processes may be protected through Patent Applications as Inventions.
- New elements appearing on the footwear e.g. New Sole Patterns, may be protected through Registered and Unregistered and Two and Three Dimensional Trade Mark protection.