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I have separated this Scholarship application into 4 sections: 1. 2. 3. 4.

My introductory account in response to the above question My project My conclusion Additional information (a photograph) 1 I am a Trade Mark Attorney. I cannot wait to utter these words as it is a career for me which I already strongly embrace. I am very interested in entering the Intellectual Property profession and have taken many steps to enhance my knowledge, such as reading industry related journals and reference books, keeping abreast of daily news items on the ITMA website and from subscriptions to the email newsletters of private IP firms and larger organisations such as OAMI, as well as following IP related blogs and being active with IP contacts on Twitter. In fact, the Intellectual Property Research Institute at Queen Mary University (QMULIPRI) was my first follower to re-tweet one of my comments; an action which made me feel very honoured! I take a keen interest in familiarising myself with the various registration, design and competition cases of companies which I wish to apply to, once I have obtained this industry-recognised degree. I enjoy learning about the history of Trade Marks and have always followed stories with interest before I even had knowledge of this profession. My dream is to work for the in-house Trade Mark department at Coca-Cola, as I have always followed news relating to their pioneering Trade Mark registrations and the way in which they have shaped IP legislation with their battle to register the shape of their bottle. To gain an insight into what real work as a Trade Mark Attorney would entail, I took annual leave from my current job to spend three days work-shadowing at a local firm of Patent and Trade Mark attorneys. I was given the task of drawing up grounds for invalidity under Article 8 (1)(b) CTMR for a proposed opposition against a published CTM application on the basis of an earlier similar CTM registration. This task enabled me to draw upon my previous (and advantageous) degree of Linguistics and to challenge any party who would say such a degree is not useful to Intellectual Property. By calling upon my linguistic knowledge, I was able to write extensively when comparing the phonetic differences between the two Trade Marks; this unique skill, I was informed, had not been touched upon so technically before within the firm without consulting external expertise. I understand the value of a Trade Mark and would like to say that I am extremely well read on the subject and take great interest in further reading in my spare time. But why should I merely say all of this to you when I can of course demonstrate? 2 I wanted to combine a project of saving money for university, with looking into setting

up a business so that I could develop a brand, and with a view to protecting that brand by way of Trade Mark registration. By investigating how I would register my Trade Mark, I was aiming to enhance my knowledge and approach learning on a more practical level. My business idea was to make, decorate and sell cup cakes, as I knew that I could produce high quantities by way of a small outlay, and with the possibility of a high return. The idea was never solely to make money, but to investigate how I would go about applying for and obtaining a registration and deal with any potential opposition issues which could arise. As Lord Nicholls summed up in his statement of the following case: Philips Electronics NV v Remington Consumer Products 1999, The proprietor has an economic interest in maintaining the value of his mark. To generate goodwill I therefore knew that I needed to bake and create quality cakes to set and maintain high standards. I was also mindful that I would need a Trade Mark which is capable of graphical representation and capable of distinguishing my goods from those of other traders in order to satisfy Section 1 of the Trade Marks Act 1994. Once I had devised the name BLAKEYS CAKEYS, I produced a logo, as follows:

The rolling pin design was used to denote cooking, which would effectively suggest to the consumer what my goods were. Whilst devising the Mark, I was mindful not to use the term CAKES as this would be objected to by the Registry on the grounds of descriptiveness. Hence I coined the term CAKEYS, which I felt, in conjunction with BLAKEYS, would be distinctive and would have the capacity to convey to the consumer the nature of my goods, therefore acting as a covert allusion. Although I am aware that I could file an application for the word only Mark and that this would offer me broader protection, I decided that I would most likely choose to protect the figurative Mark as this is how I am actually using it. I carried out a search for the terms BLAKEYS CAKEYS on the Intellectual Property Offices online search facility to ascertain whether there are any similar or identical applications or registrations. The search yielded no identical or highly similar results. I also carried out a classification search and believe that class 30 would be the most appropriate class to cover the goods in question. Were I a Trade Mark Attorney, in this instance I would review the mark and specification to ensure that the application would satisfy the criteria outlined by the examination process of the registry so that it would proceed to publication according to Section 38 of the Trade Marks Act 1994. I am aware that before my Mark could be published, the registry would be required to notify all proprietors of similar Marks of my application, allowing them a 3 month window in which to file an opposition against my application.

I believe that BLAKEYS CAKEYS would not be objected to on absolute grounds as defined in Section 3 of the above Act. Once I had researched the hypothetical registration process of my Trade Mark, I then approached a Graphic Design firm to have this Trade Mark applied to marketing materials, i.e. shirts, banners and napkins (please see the attached photograph at the end of this document). I baked, decorated and boxed up 112 cupcakes ready to sell. I had a steady stream of customers throughout the day, and although I didnt manage to sell all of the cupcakes, I was very proud of the Trade Mark that I had created and gained valuable insight into the development of a brand. 3 As can be seen from my undertaking of extra-curricular reading and research, I have a curiosity and passion for Intellectual Property and a real ambition for a career in Trade Marks. Should I be granted this Scholarship, I will ensure I exceed all expectations. I am an individual who will study very hard to achieve an excellent grade. I am highly outgoing and will make the university, myself and my parents proud of your choice to fund me. I know that I will be an asset to the student body as I get involved wherever I go (for example, I am already planning on joining the Fencing Society. I know that this course and this career is the right option for me as it is firmly supported by my interests. I have always enjoyed critiquing language and others find that I take a reasoned and abstract approach when arguing legal issues. I will make a winning Trade Mark Attorney. I will make a winning student at QMUL and I sincerely hope to make a winning candidate for this most sought after scholarship. 4 Please see attached photograph.

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