Blog Archive
- Posted by Jane Coyle on October 30, 2015 / Posted in Trade MarksWho should be the owner of my EU trademark?Who should be the owner of my EU trademark? A trademark has to be owned by a legal entity: an individual or limited company. It is very important that you keep us informed of any changes made to your personal details, such as new contact telephone number, etc. If you are a company, you need to provide us with the following details Full name and legal form Country of registration Address Individual If you are an individual, you need to provide us with the following [...]Read more
- Posted by Waheedan Jariwalla on October 29, 2015 / Posted in Trade MarksThe world of trademarks is not always smooth sailing.The world of trademarks is not always smooth sailing. Disputes commonly arise between big brands and many times the outcome could go either way. Such was the case in the case of H.J. Heinz Co. vs. Boulder Brands. Heinz objected to Boulder Brands' Smart Balance tradmark in relation to frozen foods and snacks, claiming conflict with their own Smart Ones frozen meals mark. In March 2015, the U.S. Trademark Trial and Appeal Board (TTAB) ruled that Boulder Brands was allowed to [...]Read more
- Posted by Jane Coyle on October 29, 2015 / Posted in Trade MarksYour protection over your trade mark only lasts for a certain amount of time, dont lose it!When you register a trade mark you have complete control over it and it creates a monopoly over that mark. However, this monopoly can only last 10 years unless the protection is renewed. If you renew your mark, you have the potential to maintain your protection indefinitely. To continue to enforce your trade mark rights, an application for renewal needs to be submitted to the UK Intellectual Property Office. The application can be made from 6 months prior to the expiration date, with [...]Read more
- Posted by Jane Coyle on October 28, 2015 / Posted in Trade MarksBefore any application for trade mark protection is submitted it is always recommended for a trade mark search to be conducted.Before any application for trade mark protection is submitted it is always recommended for a trade mark search to be conducted. But many have asked what exactly is a trade mark search and what are my options? A trade mark search is a check of all the existing registered trade marks to identify if there would be any issues in relation to infringement or the potential for your application to be refused. If you submit an application without the search, this can open you to a [...]Read more
- Posted by Jane Coyle on October 28, 2015 / Posted in Trade MarksTrademark Case, Tartan ArmyWho can use the phrase Tartan Army? Glasgow businessman Ian Adie registered the name 'Tartan Army' as a trademark in 1996 giving him sole rights to use the term on a wide variety of merchandise including clothing, banners and scarves. He has taken a magazine publisher to court in a bid to stop him calling his title 'The Famous Tartan Army magazine'. He sold his business, Tartan Army Limited in 2006 and the new owners took ownership of the trademark. They have now launched a [...]Read more
- Posted by Jane Coyle on October 28, 2015 / Posted in Trade MarksTrademark classes in the EUWhen you apply for a Community trade mark (CTM) the trademark application must contain a representation of the trade mark you want to register and a list of the goods and/or services to be covered by the mark. There are certain rules that govern the list of goods and services to allow third parties to understand what it is you are protecting: The goods and services must be described accurately and precisely They should be classified under the Nice Classification system. OHIM has [...]Read more
- Posted by Waheedan Jariwalla on October 27, 2015 / Posted in Trade MarksIf you have a business selling goods or providing services outside the UK/EU, you will be thinking about protecting your trademark in those countries, internationallIf you have a business selling goods or providing services outside the UK/EU, you will be thinking about protecting your trademark in those countries, internationally. It is important to do as many countries grant trademark rights based on who is the first party to register a trademark – that party would own exclusive rights to use and license others to use the trademark in that country. There are two routes to go about this. One is to file your trademark in each [...]Read more
- Posted by Jane Coyle on October 26, 2015 / Posted in Trade MarksI want to file an EU Trademark application, what do I need?I want to file an EU Trademark application, what do I need? If you are trading in any one of the EU 28 member states, it's useful to apply for an EU trademark application which will protect you across this region. If you have already applied for a UK trademark within the last 6 months and your EU application is to be the same then we can claim a priority date ( ie the same date in the EU as your UK trademark application). We will need: 1. Carry out a search report to make sure your trademark [...]Read more
- Posted by Jane Coyle on October 23, 2015 / Posted in Trade MarksMany businesses are aware of intellectual property and its importance, but may not know that they actually have unregistered rights as well as those that come with registration.Many businesses are aware of intellectual property and its importance, but may not know that they actually have unregistered rights as well as those that come with registration. Two specific types of IP that have both unregistered and registered aspects are trademarks and design rights. Trademarks For the best protection, a registered trade mark is the way to go. The requirements are outlined in the Trade Marks Act 1994, especially in sections 3 and 5. Section 3 contains the absolute grounds [...]Read more
- Posted by Jane Coyle on October 23, 2015 / Posted in Trade MarksWhat are Trademark Absolute Grounds for RefusalWhat are Trademark Absolute Grounds for Refusal When a trademark application is filed an examiner will examine your proposed trade mark to ensure that it functions as a trade mark. A mark will be deemed as able to function as a trade mark if it is able to distinguish the goods / services of one undertaking from those of another and that it is not wholly descriptive in nature. An Examiner may refuse any mark which lacks distinctive character and / or is purely [...]Read more