A guide to assist in planning and arguing cases before the Trade Mark Tribunals Section of the UKIPO and the Opposition and Cancellation Divisions of OHIM
The due-on-sale (a.k.a "acceleration clause") is a provision in a mortgage document which gives the lender the right to demand payment of the remaining balance of the loan when the property is sold.
Lose weight with these 5 super simple home exercisesSheena Agarwal
This document provides 5 simple home exercises that can help with weight loss: skipping for 5 minutes daily to boost cardio; holding the plank position for 60 seconds and doing side planks for 60 seconds on each side to work the core; doing a set of 12 squats to tone the butt and thighs; doing tricep dips daily in sets of 12 to tone the arms; and doing pushups, starting from the knees and working up to doing full pushups, in sets of 12 to work the arms, back, and chest. It also provides brief instructions on how to perform each exercise properly.
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Why is patent value a better metric to use to set patent strategy? What sources of patent value can be identified for high technology companies? We review how patents are used and how they can be valued based upon their use.
This document discusses intellectual property law and how it relates to the internet. It covers copyright, trademarks, patents, and trade secrets. Key points include that copyright protects original creative works, trademarks protect commercial source indicators, and fair use is assessed using a four factor test. The Digital Millennium Copyright Act created provisions for internet service provider liability and anti-circumvention measures. Overall, the document examines how intellectual property law tries to balance rights of creators with new technologies like the internet.
Lewissilkin Document: How to protect your formatMIP Markets
The document provides practical advice for protecting television formats, including:
1) Maintaining detailed records of the format's development process with dates, authors, and changes.
2) Registering trademarks, designs, and the format itself to establish ownership and priority.
3) Continually innovating the format to maintain competitive advantage.
4) Licensing the format and related intellectual property rights to control exploitation.
The due-on-sale (a.k.a "acceleration clause") is a provision in a mortgage document which gives the lender the right to demand payment of the remaining balance of the loan when the property is sold.
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This document provides 5 simple home exercises that can help with weight loss: skipping for 5 minutes daily to boost cardio; holding the plank position for 60 seconds and doing side planks for 60 seconds on each side to work the core; doing a set of 12 squats to tone the butt and thighs; doing tricep dips daily in sets of 12 to tone the arms; and doing pushups, starting from the knees and working up to doing full pushups, in sets of 12 to work the arms, back, and chest. It also provides brief instructions on how to perform each exercise properly.
Patent Quality Isn't the Question. Patent Value Is the Question.Erik Oliver
Why is patent value a better metric to use to set patent strategy? What sources of patent value can be identified for high technology companies? We review how patents are used and how they can be valued based upon their use.
This document discusses intellectual property law and how it relates to the internet. It covers copyright, trademarks, patents, and trade secrets. Key points include that copyright protects original creative works, trademarks protect commercial source indicators, and fair use is assessed using a four factor test. The Digital Millennium Copyright Act created provisions for internet service provider liability and anti-circumvention measures. Overall, the document examines how intellectual property law tries to balance rights of creators with new technologies like the internet.
Lewissilkin Document: How to protect your formatMIP Markets
The document provides practical advice for protecting television formats, including:
1) Maintaining detailed records of the format's development process with dates, authors, and changes.
2) Registering trademarks, designs, and the format itself to establish ownership and priority.
3) Continually innovating the format to maintain competitive advantage.
4) Licensing the format and related intellectual property rights to control exploitation.
Thesis Statement Examples For Research Papers EssCynthia Wilson
Here are a few thoughts on dressing modestly:
- Modesty is about more than just clothing - it's an attitude of humility, respect and moral purity. How we present ourselves physically should reflect our values of honoring both ourselves and others.
- Societal pressures often reduce people, especially women, to sexual objects. Dressing modestly helps resist this and affirm our inherent human dignity beyond physical appearance.
- At the same time, modesty means different things to different cultures and individuals. The most important thing is finding an authentic expression of one's values that feels empowering rather than restrictive.
- Both genders would benefit from focusing less on others' attire and more on cultivating empathy, self-
The document discusses various topics related to open source software, including business models, licensing, warranties, liability, and recycling. It poses questions about how open source software can generate revenue, how to prevent openness from interfering with making money, and who should pay for or benefit from open source code. It also discusses potential revenue streams like warranty services, turning open source software proprietary, and the idea that shared code leads to shared risk and a business model of insurance.
This document provides an example of a mutual non-disclosure agreement (NDA). It contains information on why NDAs are important, key points to consider when disclosing confidential information, notes on typical NDA content, and two example NDAs - a one-way NDA and a mutual NDA. The document is part of a series on intellectual property health checks and is intended to help businesses understand how to protect confidential information.
This document provides an overview of intellectual property (IP) and key considerations for businesses. It discusses the different types of IP including trademarks, copyrights, patents, confidential information, industrial designs, and personality rights. It then covers topics like choosing business names, hiring employees, incorporating the business, websites and social media, doing business with others, IP litigation, and monetizing IP. The goal is to help businesses understand IP, find and protect their IP, and avoid issues down the road.
This document provides an overview of Starbucks as a case study, outlining the business context and primary issues facing the company. It includes a table of contents that structures the case analysis, breaking down the key topics into sections on the company background, main challenges, contributing factors, and sub-issues related to the difficulties Starbucks is facing. The document appears to be setting up an in-depth analysis of Starbucks by establishing the framework and important elements that will be covered.
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
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This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
1) The document provides an overview of intellectual property (IP) rights, including confidentiality agreements, patents, design rights, trademarks, copyright, and database rights.
2) It discusses strategies for claiming, protecting, and enforcing IP rights to gain competitive advantage and deter infringement.
3) Key recommendations include treating IP as a business asset, protecting IP rights, researching applicable rights, getting appropriate advice, and using IP to profit from licensing or selling rights.
Suppliers and consultants regularly make recommendations to their client companies. In many companies, these suppliers of products and services are trusted advisors, often having the responsibility of making a final decision on a project. Even with best intentions, however, the supplier's decision of what is right for the customer is a difficult decision because there is a potential conflict of interest.
View the original Blog post: http://www.eprentise.com/blog/return-on-investment-analysis/the-bottom-line-wheres-the-money/
Website: www.eprentise.com
Twitter: @eprentise
Google+: https://plus.google.com/u/0/+Eprentise/posts
Facebook: https://www.facebook.com/eprentise
Ensure your data is Complete, Consistent, and Correct by using eprentise software to transform your Oracle® E-Business Suite.
Intellectual property (IP) is an important business asset that can be leveraged for competitive advantage and increased profits. CEOs should understand their company's IP portfolio to properly direct business strategy. An IP audit identifies a company's patents, trademarks, and other IP rights so their value can be recognized. One company found its IP-protected products had 8% higher margins on average than non-protected products, showing the financial impact of IP. Understanding IP value allows companies to maximize returns from their innovation and creativity.
If I was asked... \'What Would I Do If I Had One Day To Alter The Future of Design\' ...this is What I would Say.
My contribution to AIGA\'s One Day For Design...
- The document discusses common intellectual property (IP) mistakes made by founders, including forgetting about IP agreements signed with prior employers, assuming that buying a domain name is enough to protect a company's brand, and overthinking third party patents.
- It provides tips to avoid these mistakes, such as carefully reviewing prior employee and contractor agreements, conducting basic trademark and patent searches, and having written IP assignment agreements with employees and contractors.
- The document is intended to help entrepreneurs navigate legal challenges and avoid costly IP issues through resources on the Founders Workbench site.
Capital network keep your company close and your ip closer (i sgc 06.02.14)The Capital Network
- The document discusses common intellectual property (IP) mistakes made by founders, including forgetting about IP agreements signed with prior employers, assuming that buying a domain name is sufficient to protect a company's brand, and overthinking third party patents.
- It provides tips to avoid these mistakes, such as carefully reviewing prior employee and contractor agreements, conducting basic trademark and patent searches, and having written IP assignment agreements with employees and contractors.
- The document is intended to help entrepreneurs navigate legal challenges and avoid costly IP issues through resources on the Founders Workbench site.
The document discusses strategies for intellectual property (IP) for startups. It notes that early stage startups should focus their limited IP budget on their "secret sauce" or core value proposition. Additionally, startups should work regularly with their team to brainstorm new patent ideas and prioritize filings based on their budget. The document also recommends hiring strategic IP counsel for expertise and to conduct a freedom to operate analysis to help secure funding. Finally, scaling startups need to continue investing in their expanding IP portfolio to protect their growing business.
The patent attorney's role is more complex than simply writing up an inventor's idea. The attorney must understand the client's business and technology, competitors, and how the invention fits and adds value. The attorney aims to obtain patents that will scare potential infringers and competitors by being both broad enough to be infringed yet narrow enough to be valid. However, patent applications involve uncertainty, and the attorney must generalize the invention while fully disclosing it to obtain protection, though excessive disclosure could harm the client. Money also constrains what can be protected. The attorney's multiple readers must be convinced while disclosure is minimized, requiring the attorney to balance objectives.
The document discusses intellectual property audits. It provides details on why companies conduct IP audits, how they are conducted, and the typical post-audit activities. An IP audit involves analyzing a company's intellectual property to identify protectable assets and make recommendations. It addresses issues like scope, team roles, and educating managers on IP importance. The audit process involves fact finding, then a report is made identifying IP owned and recommendations. Post activities may include filing for protections and ensuring accurate ownership records. A sample IP audit questionnaire is also provided.
This document discusses patent infringement in India. It begins by defining what constitutes patent infringement, including direct, indirect, and contributory infringement. It then discusses how companies can detect potential patent infringement, such as by monitoring competitors' products and patent applications. The document outlines the steps to establish infringement in India and provides an overview of the patent litigation system and procedures followed by judges. It concludes with a summary of a landmark patent litigation case in India between Bajaj Auto and TVS Motor Company regarding the technology and outcome of the case.
The document provides advice for in-house counsel to prepare for potential patent litigation under the Hatch-Waxman Act. It recommends that counsel: 1) research potential generic drug company challengers by monitoring their patent applications, clinical trials, and regulatory filings; 2) re-evaluate which patents are listed in the Orange Book and assess potential invalidity arguments in advance; and 3) identify key witnesses, documents, and experts that will be important for proving infringement and responding to validity challenges. Thorough preparation is important to enforce pharmaceutical patents and defend against challenges that could determine the fate of a product.
i2b Conference Patents Presentation May 28 2013Jim Francis
This document provides an overview of patent law concepts for entrepreneurs. It discusses the challenges of commercializing an idea, including the need for funding, intellectual property identification and protection, and risk management. The document outlines the patent process, including different types of patent searches and patents. It provides examples of intellectual property issues entrepreneurs may face and best practices for patenting an invention and beginning commercialization. Key steps include performing due diligence, identifying the market and distribution channels, and finding an experienced patent attorney.
Larsen & Birkeholm (L&B) is a Danish intellectual property consulting firm established in 1973 that offers patent, trademark, and design registration services. They employ experienced attorneys to help clients manage, protect, and commercialize their intellectual property. L&B offers favorable initial consultations to assess clients' ideas and provide recommendations on obtaining appropriate intellectual property protections such as patents, trademarks, or design registrations. If clients choose to register through L&B, the initial consultations are provided free of charge. L&B's goal is to help clients efficiently protect their intellectual property.
Genocide in International Criminal Law.pptxMasoudZamani13
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Thesis Statement Examples For Research Papers EssCynthia Wilson
Here are a few thoughts on dressing modestly:
- Modesty is about more than just clothing - it's an attitude of humility, respect and moral purity. How we present ourselves physically should reflect our values of honoring both ourselves and others.
- Societal pressures often reduce people, especially women, to sexual objects. Dressing modestly helps resist this and affirm our inherent human dignity beyond physical appearance.
- At the same time, modesty means different things to different cultures and individuals. The most important thing is finding an authentic expression of one's values that feels empowering rather than restrictive.
- Both genders would benefit from focusing less on others' attire and more on cultivating empathy, self-
The document discusses various topics related to open source software, including business models, licensing, warranties, liability, and recycling. It poses questions about how open source software can generate revenue, how to prevent openness from interfering with making money, and who should pay for or benefit from open source code. It also discusses potential revenue streams like warranty services, turning open source software proprietary, and the idea that shared code leads to shared risk and a business model of insurance.
This document provides an example of a mutual non-disclosure agreement (NDA). It contains information on why NDAs are important, key points to consider when disclosing confidential information, notes on typical NDA content, and two example NDAs - a one-way NDA and a mutual NDA. The document is part of a series on intellectual property health checks and is intended to help businesses understand how to protect confidential information.
This document provides an overview of intellectual property (IP) and key considerations for businesses. It discusses the different types of IP including trademarks, copyrights, patents, confidential information, industrial designs, and personality rights. It then covers topics like choosing business names, hiring employees, incorporating the business, websites and social media, doing business with others, IP litigation, and monetizing IP. The goal is to help businesses understand IP, find and protect their IP, and avoid issues down the road.
This document provides an overview of Starbucks as a case study, outlining the business context and primary issues facing the company. It includes a table of contents that structures the case analysis, breaking down the key topics into sections on the company background, main challenges, contributing factors, and sub-issues related to the difficulties Starbucks is facing. The document appears to be setting up an in-depth analysis of Starbucks by establishing the framework and important elements that will be covered.
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
Intellectual Property & Contracting Issues for Web & Graphic Designersdesandro
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
1) The document provides an overview of intellectual property (IP) rights, including confidentiality agreements, patents, design rights, trademarks, copyright, and database rights.
2) It discusses strategies for claiming, protecting, and enforcing IP rights to gain competitive advantage and deter infringement.
3) Key recommendations include treating IP as a business asset, protecting IP rights, researching applicable rights, getting appropriate advice, and using IP to profit from licensing or selling rights.
Suppliers and consultants regularly make recommendations to their client companies. In many companies, these suppliers of products and services are trusted advisors, often having the responsibility of making a final decision on a project. Even with best intentions, however, the supplier's decision of what is right for the customer is a difficult decision because there is a potential conflict of interest.
View the original Blog post: http://www.eprentise.com/blog/return-on-investment-analysis/the-bottom-line-wheres-the-money/
Website: www.eprentise.com
Twitter: @eprentise
Google+: https://plus.google.com/u/0/+Eprentise/posts
Facebook: https://www.facebook.com/eprentise
Ensure your data is Complete, Consistent, and Correct by using eprentise software to transform your Oracle® E-Business Suite.
Intellectual property (IP) is an important business asset that can be leveraged for competitive advantage and increased profits. CEOs should understand their company's IP portfolio to properly direct business strategy. An IP audit identifies a company's patents, trademarks, and other IP rights so their value can be recognized. One company found its IP-protected products had 8% higher margins on average than non-protected products, showing the financial impact of IP. Understanding IP value allows companies to maximize returns from their innovation and creativity.
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- The document discusses common intellectual property (IP) mistakes made by founders, including forgetting about IP agreements signed with prior employers, assuming that buying a domain name is enough to protect a company's brand, and overthinking third party patents.
- It provides tips to avoid these mistakes, such as carefully reviewing prior employee and contractor agreements, conducting basic trademark and patent searches, and having written IP assignment agreements with employees and contractors.
- The document is intended to help entrepreneurs navigate legal challenges and avoid costly IP issues through resources on the Founders Workbench site.
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- The document discusses common intellectual property (IP) mistakes made by founders, including forgetting about IP agreements signed with prior employers, assuming that buying a domain name is sufficient to protect a company's brand, and overthinking third party patents.
- It provides tips to avoid these mistakes, such as carefully reviewing prior employee and contractor agreements, conducting basic trademark and patent searches, and having written IP assignment agreements with employees and contractors.
- The document is intended to help entrepreneurs navigate legal challenges and avoid costly IP issues through resources on the Founders Workbench site.
The document discusses strategies for intellectual property (IP) for startups. It notes that early stage startups should focus their limited IP budget on their "secret sauce" or core value proposition. Additionally, startups should work regularly with their team to brainstorm new patent ideas and prioritize filings based on their budget. The document also recommends hiring strategic IP counsel for expertise and to conduct a freedom to operate analysis to help secure funding. Finally, scaling startups need to continue investing in their expanding IP portfolio to protect their growing business.
The patent attorney's role is more complex than simply writing up an inventor's idea. The attorney must understand the client's business and technology, competitors, and how the invention fits and adds value. The attorney aims to obtain patents that will scare potential infringers and competitors by being both broad enough to be infringed yet narrow enough to be valid. However, patent applications involve uncertainty, and the attorney must generalize the invention while fully disclosing it to obtain protection, though excessive disclosure could harm the client. Money also constrains what can be protected. The attorney's multiple readers must be convinced while disclosure is minimized, requiring the attorney to balance objectives.
The document discusses intellectual property audits. It provides details on why companies conduct IP audits, how they are conducted, and the typical post-audit activities. An IP audit involves analyzing a company's intellectual property to identify protectable assets and make recommendations. It addresses issues like scope, team roles, and educating managers on IP importance. The audit process involves fact finding, then a report is made identifying IP owned and recommendations. Post activities may include filing for protections and ensuring accurate ownership records. A sample IP audit questionnaire is also provided.
This document discusses patent infringement in India. It begins by defining what constitutes patent infringement, including direct, indirect, and contributory infringement. It then discusses how companies can detect potential patent infringement, such as by monitoring competitors' products and patent applications. The document outlines the steps to establish infringement in India and provides an overview of the patent litigation system and procedures followed by judges. It concludes with a summary of a landmark patent litigation case in India between Bajaj Auto and TVS Motor Company regarding the technology and outcome of the case.
The document provides advice for in-house counsel to prepare for potential patent litigation under the Hatch-Waxman Act. It recommends that counsel: 1) research potential generic drug company challengers by monitoring their patent applications, clinical trials, and regulatory filings; 2) re-evaluate which patents are listed in the Orange Book and assess potential invalidity arguments in advance; and 3) identify key witnesses, documents, and experts that will be important for proving infringement and responding to validity challenges. Thorough preparation is important to enforce pharmaceutical patents and defend against challenges that could determine the fate of a product.
i2b Conference Patents Presentation May 28 2013Jim Francis
This document provides an overview of patent law concepts for entrepreneurs. It discusses the challenges of commercializing an idea, including the need for funding, intellectual property identification and protection, and risk management. The document outlines the patent process, including different types of patent searches and patents. It provides examples of intellectual property issues entrepreneurs may face and best practices for patenting an invention and beginning commercialization. Key steps include performing due diligence, identifying the market and distribution channels, and finding an experienced patent attorney.
Larsen & Birkeholm (L&B) is a Danish intellectual property consulting firm established in 1973 that offers patent, trademark, and design registration services. They employ experienced attorneys to help clients manage, protect, and commercialize their intellectual property. L&B offers favorable initial consultations to assess clients' ideas and provide recommendations on obtaining appropriate intellectual property protections such as patents, trademarks, or design registrations. If clients choose to register through L&B, the initial consultations are provided free of charge. L&B's goal is to help clients efficiently protect their intellectual property.
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Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
2. Introduction
Disputesbetweenthe ownersof trade marksare time-consuming,sometimescomplex andoften
costly. Both the UK IntellectualPropertyOffice andthe Office forHarmonisationinthe Internal
Market (referredto inthisworkas “OHIM” andbeingthe bodyresponsibleforthe registrationof
EuropeanCommunityTrade Marks and the handlingof disputespertainingtothe registrability of
CommunityTrade Marks) have procedureswhichmirrorthe structure of traditional legal disputes,
but bothhide withinthemtrapsforthe unassumingandhave restrictedregimesforrecoveryof the
time spentonthe case. Asa resultof this,itis easy forthe costs to extendfarbeyondthatwhichis
recoverable,orforthe particularitiesto surprise aparty.
It isalso the case that an increasingnumberof partiesare unrepresented,havingfiledapplications
withoutprofessional assistance orhaving usedbusinessesthatcanhandle the administration
connectedwithfilingatrade mark applicationandprocessingit throughtoregistration,buthave no
abilitytohandle disputeswhentheyarise. Forthe unrepresentedparty,theseproceedingsare
unusual andmistakesare easilymade;forthe representedpartyonthe otherside,the natural
extensionof fairnesstothe unrepresentedpartybythe authoritiescanbe frustratingsince itmay
add time andcost.
The purpose of thisguide isto assist all users. It ismy hope that itwill be of service tostakeholders
of all kinds. Ihope it will provideaframeworkforunderstandinghow topresentacase forthose
withno legal training,andsome tipsof how topresenta case in a more cost-effective mannerto
those withsome experience beforethese bodies.
If you have benefittedfromthisdocumentasan IP-specialistthenmymainrequesttoyouisthat
youshare it. Please make itavailable tothose whomightbenefit,includingunrepresentedparties
youmay appearagainst. Whilstitmay seemstrange to assistthe otherside byprovidingthemwith
a guide as to howtheymay improve theircase,byreadingandunderstandingthe principlesand
rulesitis far more likelythattheywillpresenttheircase ina coherentandorganisedfashion,and
that theywill onlyrelyuponrelevantevidence.
The net resultof thisisa case whichiseasier forall to understandandevidence whichcanbe readily
understood,reducingthe (otherwiseunrecoverable)costtoyour ownclient. Youwill see inthe
copyrightnotice onthe title page that I have givenquite openrightstoreproduce thisworkif it
helpsyou – I justask that youattribute the workand don’tseektotake advantage of itfor direct
personal gain,since to doso underminesthe entire purpose of thisguide.
Thisguide focusesonthe priorplanningof cases,the presentationof the initial arguments,the
marshallingandpresentationof evidenceandthe presentationof final submissions(betheyoral or
inwriting). Itispossible tolooksimplyatthe topicsinisolation,butinordertounderstandthe
underlyingissuesIrecommendthatsome time isspentreadingthe firstchapter, whichcovers
rhetoric. By understandingthe principlesof rhetoricyouwillunderstandwhysome of the later
suggestionsare made,andhowto decide whichsuggestionsare notrightfor yourcase. The guide
alsocoverspresentationskills fororal hearings before the UKIPOand a considerationof cross-
examinationof witnesses. Finally, thisguideendswithabrief bibliographyandsome sourcesof
furtherreadingandtraining.
3. Chapter1 – Rhetoric – The Art of Persuasion
The OxfordEnglishDictionarydefinesrhetoricas:
The art of effectiveor persuasivespeaking orwriting, especially the exploitation of figuresof
speech and other compositionaltechniques
Aristotle suggestedin Rhetoricthatrhetoricconsistsof 3 modesof persuasion:
Of the modesof persuasion furnished by thespoken word therearethree kinds.The first kind
dependson thepersonalcharacterof the speaker;the second on putting theaudienceinto a
certain frameof mind;the third on the proof,orapparentproof,provided by thewordsof
the speech itself
These have beenexplainedasthe trilogyof logos,pathos andethos. Logos isthe call to logicand
reasoning;pathos the call toemotion; ethosthe call tothe credibilityof the “presenter”. Inthe best
cases“presenters”utilise all three of these modes.
1.1 Logos – The Call to Logic in Legal Reasoning
By theirverynature lawyersare requiredtobe stronglogicians. Eachsuggestiontoa decisionmaker
that theyshouldmake afindingshould be logically sound. Itisimportantto therefore understand
whetherargumentswhichare being relieduponare simpledeductivearguments,orwhetherthey
are inductive arguments.
1.1.A - Deductive Arguments
A deductive argumentisone where if the premises (the statementsthatmake upthe argument) are
true thenthe conclusion mustbe true. For example:
All rodentsare mammals. A rat isa rodent. A rat is therefore amammal.
(premise) (premise) (conclusion)
In orderto attack the validityof a conclusion basedupondeductivearguments youmustattackthe
validityof one ormore of the premises. Inthe exampleabove youmusteitherargue thatitis
incorrectto say that all rodentsare mammals,orthat it isincorrectto say that a rat isa rodent,or
both. If youcannot showthe falsityof a premise thenthe conclusion naturally follows.
1.1.B - Inductive Arguments
An inductive argumentisone where the conclusionfollowsfromthe premises,butthe conclusionis
merely likely –ie. there isa highprobabilitythatthe conclusioniscorrect – rather than that the
conclusion beingcertain. Forexample:
Tirednessisakeycause of lossof attentionfordrivers andresultingaccident. The driverhad
drivenfor12 hourswithouta breakbefore the accident. The accidentoccurredbecause the
driverwastired.
4. Of course,itispossible thatthe accidentoccurredbecause the roadswere icy,or because the brakes
failed,orbecause the othercar didnot stopat the junctionas itwas supposedto,or because of one
(or a combination) of otherfactors.
In orderto attack the conclusionof an inductive argumentyoumaytherefore eitherattackthe
premises(ie inthiscase thattirednessisakeycause,or that the driverwastired) orattack the
probabilityof the conclusionby introducingotherinductivearguments (suchasice orbrake failure).
1.1.C - The Issue ofMisdiagnosis
One particularissue whichmayarise whenconsideringcasespertainingtotrade marksisa
misunderstandingof whetheranargumentreliesupondeductive orinductivearguments. If you
assume incorrectlythatanargumentis deductive thenyouriskmissingrelevantarguments andmay
not presentthe decisionmakerwithenoughmaterial to reachthe conclusionyouseek. If you
misdiagnose itasaninductive argumentthenyou will thinkthe decisionmakerhasadiscretion
whichdoesnotexist.
If we take the example of section5(2)(a) of the Trade Marks Act 1994 we see thatit states the
following:
(2) A trade mark shall notbe registeredif because –
(a) it isidentical withanearliertrade markandis to be registeredforgoodsor
servicessimilartothose forwhichthe earlier trade markis protected[…]
there existsalikelihoodof confusiononthe partof the public,whichincludesthe likelihood
of associationwiththe earliertrade mark.
If we considerthisprovision we are temptedtoreadthisas allowingthe argument:
The later mark is identical withanearliertrade mark (premise). The latermark isto be
registeredforgoodsorservicessimilartothose forwhichthe earliertrade markis
protected(premise). There therefore existsalikelihoodof confusion (deductiveconclusion).
In fact,the likelihoodof confusionrequiresaconclusiontobe made whichis inductive –itis one
where the decisionmakermustdecideif there isalikelihood of confusionbasedupon anumberof
factors. The provisionof law provides thatthere are twonecessary factorstosucceedunder5(2)(a)
– the mark mustbe identical andthe goodsor servicesmustbe similar otherwise youfail –butif all
youargue are these twopremises thensuccessisnotguaranteed,since the case law establishesthat
youmust lookat all relevantfactors. Itis, to borrow the termusedbyJamesMellorQC in esure
InsuranceLtdv Direct Line InsurancePlc [2008] EWCA Civ842, a “soup” approach,albeitthatthis
soupmust containcertainingredients.
1.1.D - The Issue of MisplacementofArguments
A furtherblockonpresentingacase well isthe misplacementof arguments,inotherwordsknowing
whatargumentsshouldbe made,butnot placingthemwhere theyare appropriate. The resultof
thisisthat the argumentseemsjumbledandunfocussed. Later on inthisguide Ipresentanexample
whichshowsthe argumentsundersection5(2) inmore detail,andthe simple reasonforthisisthat
5. on manyoccasionsI have seenpartiesarguingaboutconcepts inthe wrongplace. Notonlydoes
misplacementremove alogical argumentfromwhere itisrequired,italsoreducesthe clarityand
strengthof the argumentsinthe sectionwhere the concepthasbeen misplaced. If the decision
makerwantsto see your argumentona particularpoint,theywill anticipatefindingitinthe place
that itshouldbe. If itis notthere it ispossible thatthe decisionmakerwill conclude thatyouhave
not addressedthe point atall,andtheymay conclude fromyoursilence thatthe issue isinthe other
side’sfavour.
1.2 Pathos – The Call toEmotion
The call to emotionmeansnomore inthiscontextthatthe outcome shouldfeel the justoutcome.
The level towhicha decisionmakerstartswiththe justoutcome andworksback to justifyitinlawis
arguable insome cases,butin a numberof cases the call to emotionisessential. Itistrue to say
that undersection5(1) of the Act there is simple logical argument(isthere identityinboththe
marks andthe goods/services),butinmanysituationsbaseduponinductivereasoningIsuggestthat
the decisionmakerisnotwhollyignorantof the surroundingfacts(if presentedwell) andthatthis
may have an effect(perhapsimperceptible) onthe conclusions.
In relationtothe UKIPOit isimportantto note that an appeal of the first-leveldecision isbywayof a
reviewof the decision. Thismeansthatif you want to appeal onthe facts youmust persuade the
appellate decision-makerthatthe earlierdecisionisnotone the decisionmakerwas entitledto
come to. Where a conclusionis basedonan inductive argument(oftendescribedinthe case law as
“multi-factorial”) itwillusuallybe the case that an earlierdecision isone thatcouldbe made solong
as the decisionmakertookaccountof all the facts andno irrelevantfacts(ie. the correctpremises).
A small imperceptible nudgeviaacall to emotionmaymake a difference.
To be clear,thisisnot an invitationtothrow yourselfontothe goodgracesof the decisionmaker
and pleadformercy in the absence of logical argument,nortofill uppagesof evidence withalong
and complex backstorywhichbearsnorelationtothe case. It simplymeansthatthe decisionmaker
shouldunderstand the contextof the dispute andyour“frame”of understanding. Experienced
advisorswill understand howmuch backstorytoplace in the case (and where toplace it) to make
the case memorable inthe rightwayandthe conclusion seemright. Thisisinmanywaysthe same
balance a scriptwritermuststrike inbackstoryandaction whenwritingafilm. Atthe endof this
guide there are a numberof referencestoworksandinterestingindividualswhomayhelpyou
decide howbesttopresentstory,andI alsomake furtherreferencesthroughoutthisguide.
1.3 Pathos – The Call toCredibility
The call to credibilityisone whichtakesinall mannerof trustand incorporatesthe bona fides and
likeability of the “presenter”. Where alegal argumentisdeductive andthe premisesare clearly
filledthen the importance of pathosmaybe reduced since the decisionmakerisforcedtoa
conclusionbythe law. In contrast,where a balance of factorsoccurs (suchas inan inductive
argument) orwhere the decisionmakermustweighupthe value of statementsorevidence,the
credibilityof the communicationmatters.
The issuesthatcontribute tocredibility are nomystery,andare no differentthanthose we
encounterdealingwithpeople inourdailylives. We are more likelytobelievethose people who:
6. Are straightforward
Are polite
Answerquestionsdirectlyand(seemingly)truthfully
Do not abuse emotion
Have expertise
Are willingtoaccepttheyare not experts
Are willingtoconcede where itiscleartheyare wrong
Are consistent
Are fair
We are lesslikelytobelievethose who:
Are shownto have lied
Exaggerate
Professtoansweronareas outside theirfieldof knowledge
Are inconsistent
Are argumentative orabusive
Are unwillingtoconcede evenwhereitiscleartheycannotbe right
Are biased
Are irrationallyemotive
It isworth notingthatthese relate to representativesandtheirsubmissionsasmuchas witnessesor
witnessstatements. If youdonot laya logical andcredible basisyouriskthe otherside andthe
decisionmakerconcludingthatyourevidence andsubmissionsare toobiasedtobe acceptedie.the
mental response of the otherside andthe decisionmaker is“wellyouwouldsaythat,wouldn’t
you..”and youhave no othersupport.
Some of the traitsabove are straight-forwardandhopefullyare self-evident(ie.don’tlie) whilst
othersare at the margins of howa case ispresented. The issue of credibilityispervasive,
particularlywhere apartyis self-representedorretainsthe same representativethroughout(ie.
fromdraftingthe groundsthroughevidence tofinal submissions). Iwill therefore seektoaddress
issuesof credibilitythroughoutthisguide.
1.4 Conclusion on The 3 Rhetoric Modes
In orderto have a strong case whichproducesthe bestprospectof a positive outcomeyoumust
presentacase whichretainsall three of these modesof persuasion:
You mustkeepthe logical “thread”of your argument;
You mustkeepthe sympathyof the decisionmaker(orensure the otherside donotclaim
it);and most importantly
You mustremaintrustworthyandcredible inthe eyesof the decisionmaker
The remainderof thisguide isdedicatedtotryingto helpyou fulfil all three modes.