Plain packaging of cigarettes has failed again and again, but its advocates are doubling down

The implementation of plain packaging for cigarette packs in the United Kingdom exactly one year ago was a huge step backwards for the country that historically has pioneered trade mark usage rights.

The U.K. Trade Marks Registration Act of 1875 codified some of the world’s first protections for the visual representation of trademarks allowing the artistic expression of logos and brands to become more prevalent in commerce, it also elevated trademark registration to be prima facie evidence of the exclusive right to use the mark by the owner.