BABC
The British American Business Council is committed to promoting transatlantic trade and investment between the US and the UK
Contact: Lauren Hunt T: 0845 603 6650
BABC Patrons
Delegation heads for the Windy City
The Midlands branch of the British American Business Council is sending a high-powered delegation to its parent organisation’s forthcoming transatlantic conference in Chicago, on 10-11 May. The conference is themed ‘Navigating the New
World’, and main after dinner speaker will be political satirist and journalist PJ O’Rourke. The event will also feature of number of
speakers who are experts in their field, including Phil Jones, president and CEO of Northern Powergrid, Caralynn Nowinski, CEO of UI Labs, and Larry Goodman, CEO of Rush Medical Center. The Midlands delegation will be led by
Chamber chief executive Paul Faulkner, chief operating officer Russell Jeans and BABC account manager Lauren Hunt. Other city
organisations taking part are Marketing Birmingham, HSBC and University of Birmingham, and law firm Browne Jacobson. Local firms – particularly those considering
doing business ‘across the pond’ – are being urged to join the delegation, to help promote the city and boost their own business prospects. Paul Faulkner said: “I would urge any business
contemplating doing business in the USA or Canada to join our trip. It will be a great opportunity to meet many like-minded members of the BABC from the US and Canada and an ideal starting point for anyone thinking of trading with North America.”
For more information contact Lauren Hunt on 0121 607 1943 or email
l.hunt@
babcmidlands.com
Trademarks make a design for life
CARRIE JOHNSON, patent attorney and partner at Barker Brettell, looks at how designs and trademarks complement each other.
Trademark and design registrations can both protect a logo, shape or the look of a product. A registered trademark is
a badge of origin, protecting your goodwill and reputation. Registration can last indefinitely (on payment of renewal fees every ten years) but is limited to specific goods and services. Registration involves formal examination
to check the mark is distinctive, not descriptive, and not customary in its current language or trade (acquired distinctiveness, through use of the mark, can overcome this but requires gathering at least five years’ worth of evidence). However, when it comes to trademarking
a 3D shape, registration can be very difficult. It is possible, but not if it consists exclusively of a shape dictated by technical function or which gives substantial value to the goods. It is more usual to protect the shape using design registration. Registered designs, on the other hand,
are available for pretty much any 2D/3D design, including products, logos, patterns, computer icons and even moving images. They are not restricted to any particular goods or service. To be valid, a design must be novel and
Navigating the New World: Artwork in Chicago Brexit deal crucial for business
British American Business (BAB), the London- based parent organisation of British American Business Council (BABC), has demanded that the UK government does everything in its power to reach an agreement with the European Union over Brexit. The BAB says that while British interests must
be protected during negotiations, a key priority for the government had to be the creation of a relationship which worked for business. The organisation said that a successful new
partnership with the European Union would be a basis for securing US investment, and investment related jobs in the UK. The BAB has now laid down a list of key principles which it says must form the basis of the UK’s withdrawal from Europe. These range from market access to regulation,
and extend to covering such areas as aviation and talent mobility. The organisation said that for British- American businesses, it was crucial that the UK was able to maintain its influence and integration in the international trade arena. Emanuel Adam, director of policy and trade at BritishAmerican Business for the British- American Business Council, said: “The chapters of the British-American Business Council bring together leading British companies, innovators and many of the largest US investors in the UK, contributing significantly to jobs, growth and innovation. “This voice must be heard as the UK enters the
exit negotiation with the EU. We are committed to work with the UK Government with our unique transatlantic expertise and presence.”
have an individual character; it must create a “different overall impression” than any other design on an “informed user”. There is no substantive examination so registration is almost guaranteed. Registration can happen the same day an
application is filed. A design registration does not depend on whether a design is used. Registered designs can even provide protection in the five years you're gathering evidence of use for a trademark registration. UK, European and US designs have a
12-month grace period – an application can be filed within 12 months from first public disclosure. That provides time to show people the
design and test the market. If you miss the grace period, a trade mark may still be available. You could also get one after your design registration has expired. There are clearly times where it will be
worth getting both design and trademark registrations. Given the money that will have been spent on designing a product in the first place, paying for design and/or trademark registrations is a no-brainer.
April 2017 CHAMBERLINK 27
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