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Howdy ~ my name is Shannon, I am 21 years old and I am a new Swarm apprentice. My new job role is Operations Assistant.

Well so far I have constantly been enthralled by everybody’s enthusiasm to get things up and running and it has been quite exciting. I am glad to be in a training position again because I just feel that there is so much more that I need to learn. I also met Robert Ashton a couple of days ago, and first impressions…well, let’s just say that he is quite a character; someone with a quirky and spirited personality. Everybody here is kind of like that, really. This will make life working at Swarm much more interesting, yes indeedy.

Before I applied for the first apprenticeship I did, my perceptions of being an apprentice were very much outdated. In fact, when I thought of the word apprentice, a blacksmith came to mind… so you can probably imagine how surprising it was when I saw how many different ones there were and discovered what they were actually like.

So before I enrolled with Swarm, I thought that being an Enterprise apprentice would just be the same as any other apprenticeship role. But no, it is actually better in a lot of ways (not that my last one was rubbish, of course). I really enjoyed the last one and learnt a lot from it – I could have just got a normal job afterwards – but I chose to be a Swarm apprentice instead because it will give me the confidence to reach my potential, and do the maximum that I can do, not the least that I can get away with.

Well, it’s better than just sitting there doing nothing but converting oxygen into carbon dioxide until your boss gives you another mundane task to finish off, at least until they trust that you can do some of the more complicated stuff – which is understandable I suppose, but not really challenging enough.

Doing an apprenticeship then joining Swarm has also really opened my eyes, helped me to set goals for myself and the business, and given me more understanding as well – that you can’t just come out of some university and expect to be doing a high-powered job that will get you earning a huge amount of money. It just isn’t going to happen. Most employers these days want EXPERIENCED employees, so obviously it’s not good enough just to have a wealth of knowledge on a particular subject but not have a clue what you have to do when it comes to actually doing the job. So I also have the chance to get a good job that would usually be given to a highly-trained experienced expert before a university graduate. (It’s not that I’m against doing a university degree. It’s one of my future goals.)

My goals for the Swarm business within the next five years are to help raise awareness of the value of doing an apprenticeship, and of course the benefits. I would also like the business to find ways of supporting young people by using other means. Basically though, I would just like to help Swarm become a well-known organisation throughout the country.

My personal goals for me are to eventually pass my driving test, gain a thorough knowledge of the Swarm Apprenticeships business, complete the enterprise qualification, and as I mentioned earlier – start doing a degree with the Open University.

So, in conclusion… to any employers, please think about taking on an apprentice. To anyone who has just finished doing their GCSEs, their A-Levels, or perhaps just want a fresh start in life doing something else… I say go for an Apprenticeship, you won’t regret it – or at least think about it, because you would really be missing out on something great!

Shannon Watkins

Nestlé fails in its battle to protect the shape of its KitKat bar as a trademark, after High Court of England and Wales rules that the chocolate bar has failed to acquire distinctiveness through use. Novagraaf’s Claire Jones outlines the implications for brand owners.

Obtaining trademark protection of shapes is not as common or as simple as trademark protection for other types of signs, such as words, slogans or logos.

Registration limitations exclude shapes from trademark protection, if:

• they consist of a shape which results from the nature of the goods themselves;
• the shape gives substantial value to the goods; or
• if the shape of goods is necessary to obtain a technical result.

Shapes that are not excluded on these grounds can obtain trademark protection, but – as with trademarks in general – only if they satisfy criteria for distinctiveness. In practice, this is quite a hurdle as it can be difficult to argue that consumers recognise a shape as a distinguishing mark of a particular undertaking. Ideally, shapes need to depart significantly from the norm or customs of the sector in order to fulfil the essential function of a trademark of indicating a product’s origin.

Why KitKat’s four-finger shape falls short In 2010, Nestlé filed an application to register a trademark for its four fingered KitKat bar. As the application was for a shape mark, the (word) mark KitKat was not included in the application.

The UK Intellectual Property Office (IPO) originally accepted the application and registered the shape mark; however, competitor Cadbury’s opposed the registration. In the procedure that followed, the High Court of Justice of England and Wales referred the following questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling.

In essence, the procedure concerned the following questions:

• Is the shape of the KitKat bar excluded from trademark protection because one of the grounds for refusal is applicable? And, if the answer to that question is negative;
• Has the shape acquired a distinctive character through use?

Applying the grounds for refusal With respect to the first question, the CJEU heard arguments that the chocolate bar’s shape contained three essential features: one of which results from the nature of the goods themselves and two of which are necessary to obtain a technical result.

The court discussed that it is possible for the essential features of a sign to be covered by one or more grounds of refusal. It then went on to clarify that the grounds of refusal regarding the technical result must be interpreted as referring only to the manner in which the goods at issue function and not the manner in which they are manufactured. The court also clarified that registration may be refused only where at least one of those grounds is fully applicable to the sign at issue. The case was then returned to the UK courts for review.

A final refusal by the High Court of England and Wales Guided by the CJEU’s opinion, Mr Justice Arnold concluded that: “In order to demonstrate that a sign has acquired distinctive character, the applicant or trademark proprietor must prove that, at the relevant date, a significant proportion of the relevant class of persons perceives the relevant goods or services as originating from a particular undertaking because of the sign in question (as opposed to any other trademark which may also be present).” (para 57)

In other words, to prove acquired distinctiveness, Nestlé must show that the relevant public recognises the shape in itself as originating from Nestlé. However, Mr Justice Arnold ruled that was only able to establish association, which was not sufficient to demonstrate the necessary acquisition of distinctive character. The shape was, therefore, deemed ineligible for registration and the appeal was dismissed.

Implications for trademark holders In effect, there was substantial evidence presented in the proceedings to show that consumers associated the shape of the bar with the KitKat brand, but not that consumers already relied upon that shape before purchase. Therefore, the main evidence point to come out of the proceedings is that the evidence must show that consumers perceive the trademark as indicating exclusive origin from one particular undertaking. However, the application of such a test was not made entirely clear by Mr Justice Arnold, and this point is likely to be contended in the future.

The bar for acquired distinctiveness of shapes has been set very high and consumers will be foremost in any analysis.

Claire Jones is a trademark attorney in the London offices of Novagraaf.

Has the New Year heralded the start of a new career for you? However experienced you are, the first few weeks in a new job can be just as intimidating as they are exciting. We’ve compiled some of the top tips our recruitment consultants regularly share as part of their ongoing support for our candidates, even after they’ve found them a new role.

1. Build respect

Build respect and trust by looking for ways to help out and take an interest in what other people are doing. Try to pick up on your new colleague’s working styles and adapt your approach to meet their needs. If you are a manager, take time to get to know your team as well as other senior colleagues. Building relationships will enable you to nurture a strong team spirit and establish yourself as a supportive leader from day one.

2. Understand the new culture

Use your first few weeks to absorb what goes on around you in order to understand the organisation’s culture and values, and how it engages with its customers, employees and the local community. In many instances the culture will stem from an organisation’s origins. Read up on its history as well as any current mission statements, business plans and company handbooks. Also, look at how new ideas are developed and implemented, and understand who the key decision makers are.

3. Get to grips with your job description

A written job description is only one element in fully understanding your responsibilities. It’s also important to establish people’s expectations of you, and for you to discover the structure and skills available within your team to help you meet these expectations. Although you will be expected to deliver results eventually, be patient and don’t rush with ambitious goals. Spend time developing your knowledge of the organisation’s industry, its customers, competitors, products, services and people. When you have absorbed the necessary information, you will be in a stronger position to really start performing at your best.

4. Build a rapport with the boss

Request meetings with your boss on a consistent basis to review your performance, and also to establish a rapport. If they haven’t provided you with a list of expectations for your probationary period, take proactive action. Either ask your manager to write some goals and objectives for you, or write them yourself and ask for them to be approved. Make sure you schedule in an informal review of your performance halfway through the probationary period, so you can put yourself back on course if things are going wrong.

5. Find a mentor

As you get introduced to senior staff, look for those who convey reliability, confidence and initiative, and who could act as a mentor for you. Mentoring has numerous benefits, from having an experienced, knowledgeable person to bounce ideas off, through to someone who actively helps direct and advance your career within the organisation.

A career in the digital industry might sound exciting but what skills do students need and what opportunities are there in Norwich? Kieran Miles, a local entrepreneur came up with the idea of a digital city walk which takes place next week.

This great concept will give students,parents and teachers the opportunity to step inside the doors of digital businesses in Norwich and show them face to face what skills and opportunitiesthere are locally.

Digital is a growing industry in Norwich and as a Tech Nation cluster citythere are over 14,500 people employed in this growing sector. However,although the digital sector may be growingone of the biggest problems Norwich businesses have is recruitment. Recruiting people with the right set of skills is difficult which is why businesses are keen to start conversations with students to share with them the careers and opportunities they have on their doorstep.

As a career path, digital businesses in Norwich are keen to showcase the local career opportunities, educate and help students from schools, colleges and university. It’seasy for students to thinkthey need to head to London for a great career in digital but we have lots of businesses in Norwich doing great things, including large-scale national and international projects.

To find out more including a list of businesses students, parents and teachers can visit go to https://wearedigitalcity.org/

‘I trust you becauseyour customer service is great.

I trust you becauseyour product is good quality and reliable.

I trust you becauseI know I can get in touch with you if I need to.

I trust you becauseyou clearly value my custom and I feel special.

I trust you becauseI like you.

I trust you becauseyou keep me updated with news and ideas or products.

I trust you becauseyou don’t always want to just ‘sell’ to me.’

………said the happy customer to the customer-centric, modern day business.

If you have many customers who are saying the same thing to you, stop reading. You’re clearly aware of what sort of marketplace we live in in 2016. Otherwise read on!

It doesn’t matter what business you are in, if you have customers, this year you will be prioritising ‘trust’. ‘Trust is earned, not given.’ We know the mantra and we also know its value. And yet many businesses are still operating under the illusion that the customers are out there and that business will arrive at their door, till or webpage as if by magic.

They won’t.

This is the age of the customer. Google the phrase ‘customer-centric’ and you’ll have enough blogs or articles to read until 2017. The customer is in the driving seat. Your customer will know all about you, the good and the bad, and will know all about your competitors. Your customer won’t hesitate to seek out the best deal or offer and will use reviews, social media and referrals to assess your credibility.Your customers’opinionof you will be based on data, whether accurate or not. Your customers’reactionto you will be emotional.

According toForrester Analyst Anjali Laito, “Emotion is often the primary factor influencing customer loyalty and the strongest driver of customer retention, enrichment and advocacy”.

One thing will drive your customer back to you and keep them close – TRUST.

“The most credible advertising comes straight from the people we know and trust. For that reason, it should come as no surprise that more than eight in ten global respondents (83 percent) say they completely or somewhat trust the recommendations of friends and family. But trust isn’t confined only to those in our inner circle, as two-thirds (66 percent) say they trust consumer opinions posted online-the third-most-trusted form of advertising.” -(Nielsen, 2015 report)

If your customer trusts you, they will love you. If trust is there, you will have earned an advocate, a raving fan and a lifetime supporter. Trust is a belief in the reliability, truth, or ability of….; it is an expectation of faith and consistency. That expectation is not granted as a ‘default’.

Judy Randon