Trade Marks (Amendment) Regulations 2022
Debate between Lord Palmer of Childs Hill and Baroness Blake of Leeds
Lord Palmer of Childs Hill (LD)
My Lords, first, I thank the Minister for her introduction to this SI. It is framed to substitute a connection country with the United Kingdom, and it appears to make no attempt to improve or explain the Trade Marks Act 1994. This seems a missed opportunity. What constitutes a known trademark? Is being well known a moving target? You can be well known today but disappear from sight tomorrow. Where is the dividing line? Who decides? It really worries me who decides who is well-known.
The Minister used Rolex as an example. I do not know how many people in this Chamber are interested in that top end of the market, but a lot of other trademarks are in much more use by the general populace. I was trying to think which trademarks would be referred to. I did not think of Rolex, but would it include Woolmark, BS984, which I think would concern large numbers of the population. How does it affect things such as champagne: is that protected in any way?
Furthermore, is the trademark national or international? The Minister talked about how the provision gives protection in overseas markets, but the SI seems to concentrate on Section 56 of the 1994 Act and does not really go beyond it. What happens if a trademark has a reputation elsewhere in the UK: does the SI protect it in the UK and elsewhere?
The Minister spoke about services. The SI talks about trademarks, but there are also service marks, which the SI does not mention at all. There is nothing wrong with the SI, but it seems to have missed an opportunity. Things have moved on since 1994, but we are concentrating only on Section 56 of the 1994 Act and nothing else. Can the Minister address some of those concerns?
Baroness Blake of Leeds (Lab)
I shall be interested to hear the response of the Minister to the questions of the noble Lord, Lord Palmer. I thank the Minister for her fulsome explanation of where we are and why the instrument is necessary, of course noting that the regulations are subject to the affirmative procedure.
I notice that the Intellectual Property Office considered alternative options to addressing the commitment undertaken by the UK under the TCA, but there were no viable alternatives—which suggests that some alternatives were considered. I just wonder whether there will be an opportunity to review the impact of the SI and ensure that we keep up to date, ensuring for everyone involved that it is fit for purpose as time goes on.
Baroness Bloomfield of Hinton Waldrist (Con)
Excuse me, I am seeking divine guidance. I wanted to give an example of a trademark that might be unregistered but would still get protection under the instrument. I keep coming back to Coca Cola and Rolex, which I recognise are both registered trademarks. The whole point of the SI is that we in the department discovered the EU was unaware that we had a bit of a hole in our legislative cover for trademarks, so the SI has a very specific purpose: to try to plug that hole to give protection to trademarks that were otherwise not protected by the original legislation.
The noble Lord mentioned things such as champagne, but I think that is a confusion with geographical indications, which are used on products specifically protected as a term because of where they come from—such as Melton Mowbray pork pies or champagne, which have to be produced in a particular region. That is why that would not fall within the scope of this SI.
I have very few other specific answers that I can give the Committee at this stage. If noble Lords bear with me, I will write with specific answers to the questions, particularly those from the noble Baroness, Lady Blake. I hope noble Lords will agree that this SI is necessary for a very specific and small purpose, and I commend the regulations to the House.