Blog Archive
- Posted by Jane Coyle on October 14, 2015 / Posted in Trade MarksSome of the most well-known brands have animal themed trade mark, and the fashion brand Lacoste is no exception.With the popularity of trade mark registration increasing internationally, it is no surprise that many marks are animal based. Some of the most well-known brands have animal themed trade mark, and the fashion brand Lacoste is no exception. It could be argued that the Lacoste crocodile is the widely recognised crocodile across the world. Bearing this in mind, Lacoste were keen to prevent any detrimental effect to their mark. For this reason, they objected to the registration of a mark [...]Read more
- Posted by Jane Coyle on October 14, 2015 / Posted in Trade MarksThe EU General Court has decided that the term Halloumi is too descriptive to obtain Community trademark (CTM) protection.The EU General Court has decided that the term Halloumi is too descriptive to obtain Community trademark (CTM) protection. The court rejected Cyprus’s attempt to receive protection for both the trademark ‘Halloumi’ and the Greek spelling ‘Xaλλoymi’ to cover cheese and milk products. Cyprus applied for CTM protection in 2013 and after several rulings in a judgement issued last week the court concurred with OHIM’s finding that the applications [...]Read more
- Posted by Jane Coyle on October 14, 2015 / Posted in Trade MarksTrademark infringementLondon based Times will be able to use The Times Irish Edition for its digital newspaper. Trademark legal action was taken by the Irish Times against Rupert Murdoch’s London-based Times over the latter’s use of the name “The Times Irish edition” for its digital edition in Ireland; it seems however that this has now been settled. The Irish Times had claimed that Times Newspapers Group (TNL) was infringing its trademark through the use of the phrase and [...]Read more
- Posted by Jane Coyle on October 12, 2015 / Posted in Trade MarksNestlé’s community trademark application rejected by EU General CourtNestlé’s community trademark application rejected by EU General Court The slogan ‘Nourishing personal health’ has been rejected by the EU General Court after it was deemed a “promotional message” lacking a distinctive character. The Court agreed with the OHIM that the mark was “banal” and would not indicate the origin of the services in the minds of the relevant public. The applied was filed in 2011 for health and food nutrition [...]Read more
- Posted by Jane Coyle on October 09, 2015 / Posted in Trade MarksTrademark Search and Advice ReportTrademark Searches I often speak to clients that are considering registering their brand as a trade mark and when discussing matters they question why there is a need to undertake a trademark search first. A trademark search is a vital part of the process. It is through the searching process that we can reveal whether your proposed mark is capable of registration. The main reason why we undertake the search is to ascertain whether or not there exists an identical or similar trademark [...]Read more
- Posted by Jane Coyle on October 07, 2015 / Posted in Trade MarksUnder the Trade Marks Act 1994, there is a number of criteria that any trade mark application has to satisfy for it to be successfully registered.Under the Trade Marks Act 1994, there is a number of criteria that any trade mark application has to satisfy for it to be successfully registered. Some applications that do not receive support from trade mark experts such as The Trademarkroom can be refused if they do not fit these specifics A trade mark can be refused under two section of the Trade Marks Act 1994, section 3 outlining the absolute grounds for refusal and section 5 which states the relative grounds for refusal. Section [...]Read more
- Posted by Jane Coyle on October 07, 2015 / Posted in Trade MarksTrademark history. Is your trademark protected?Trademark history Lets go down the history line… where did it all start.. In treaties it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of the trademarks. Bakers were the first ones to take advantage of a trademark in England. In 1266 parliament passed Trademark Legislation under the reign of King Henry III, which required all the bakers to use a distinctive mark for the bread they sold. [...]Read more
- Posted by Jane Coyle on October 07, 2015 / Posted in Trade MarksCoolBrands have outlined the top 20 brands through a number of different categories for 2015/2016.CoolBrands have outlined the top 20 brands through a number of different categories for 2015/2016. Many of these brands are instantly recognisable to consumers whereas a number may be a surprise. The research is conducted through voting therefore it is the consumer’s view on which brand is best. The top 20 is as follows: Apple- Technology Ray-Ban- Fashion Glastonbury- Festivals and events Nike- Sportswear Netflix- Music & Movie streaming Alexander McQueen- Fashion [...]Read more
- Posted by Jane Coyle on October 07, 2015 / Posted in Trade MarksCan I register my slogan as a trademark?Trademarks and Slogans Can I register my slogan as a trademark? Trademark slogans are, per se, registrable as long as they meet the requirements under s.1 of the Trade Marks Act 1994, that is the slogan is sufficiently capable of distinguishing the goods and services of one undertaking from the goods and services of another. It is unlikely to do this if the slogan merely describes the goods or their essential characteristics or are in some other way devoid of distinctive character [...]Read more
- Posted by Waheedan Jariwalla on October 06, 2015 / Posted in Trade MarksThe Madrid System is a treaty for the international registration of trademarks.The Madrid System is a treaty for the international registration of trademarks. It provides a cost-effective and efficient way for trademark owners to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency. A huge advantage also is that no local agents are needed to file the application. Even though an International Registration may be issued, it is still up to each individual [...]Read more