Quote Originally Posted by Phil View Post
Here is an article by a patents & trademarks attorney which should explain the position
http://thescotsman.scotsman.com/index.cfm?id=1150842007
You will see that there really is no legal protection for any tartans.
That just not at all accurate. Did you read all of the story, including this?:

<<<But Campbell Newell, an Edinburgh-based partner of patent and trademark attorneys Marks and Clerk, said: "There is nothing wrong in principle with a tartans register. But it will be no more than that - a register of tartans. Registering a tartan will be optional. There will be no legal requirement or protection and there is nothing in such a register to protect [against] plagiarism or the copying of a tartan.

"We have to question what it is all about. To get full protection you have to register the design as a registered design with the UK Intellectual Property Office [The Patent Office], which will protect it for up to 25 years.

"Similar protection is available in the European Community and the name of the tartan can also be registered as a trademark."

...

An Executive spokesman said yesterday: "There is a broad consensus behind the idea of a register and we will bring forward proposals in due course.

"Obviously that does not preclude individuals, businesses and organisations taking their own steps to protect their intellectual property.">>>