Blog Archive
- Posted by Jane Coyle on November 11, 2015 / Posted in Trade MarksThe Intellectual Property Enterprise Court (IPEC) has awarded the UK Intellectual Property Office a record amount in damages following fraudulent behaviour of an imitation company.The Intellectual Property Enterprise Court (IPEC) has awarded the UK Intellectual Property Office a record amount in damages following fraudulent behaviour of an imitation company. A company trading under ‘Intellectual Property Agency’ have been conducting a scam in which fake renewal notices have been sent to UK IPO customers stating their trade marks need renewing. They gave the impression that they were working alongside the UK IPO to boost believability. When issuing [...]Read more
- Posted by Jane Coyle on November 11, 2015 / Posted in Trade MarksWhat is a Trademark? A trademark is your brand and can be your most valuable asset.What is a Trademark? A trademark is a sign which can distinguish your goods and services from those of your competitors. A trademark is your brand and can be your most valuable asset. A trademark can be a logo, name, a colour, smell or sound- or a combination of these. To be registrable as a trademark your mark must be distinctive and non descriptive i.e. I can’t register my hairdresser shop and The Hairdressers! Although your trademark will not be refused if a similar mark [...]Read more
- Posted by Jane Coyle on November 11, 2015 / Posted in Trade MarksTayto NI off to court in trademark disputeTayto NI off to court in trademark dispute The Northern Ireland Tayto Group (completely separate to the brand in the Irish ) is off to the European Court of Justice (ECJ) next month in a long standing trademark dispute. The row stretches many years. In 2006 (OHIM) granted permission to German company MIP Metro to use the trademark 'Real' in the colour red for a wide range of products, from detergents to yoghurt. In August 2011, an application for revocation of the trademark assigned to MIP [...]Read more
- Posted by Jane Coyle on November 10, 2015 / Posted in Trade MarksWell known fashion brand issues trademark infringement notice in IndiaThe well known Swedish fashion brand Hennes&Mauritz (H&M) has served a legal notice against Mumbai-based retailer HM Mega Brands for trademark infringement. H&M opened its first store in India last month and has said that using the acronym "HM" amounts to trademark infringement and that the Indian retailer's logo is deceptively similar to its own. Spokespersons for both companies declined to comment at this time. According to court documents, HM Mega Brands was registered in [...]Read more
- Posted by Waheedan Jariwalla on November 10, 2015 / Posted in Trade MarksTrademark Oppositions in the U.S.Upon applying for trademark registration in the U.S., after examination of an application is completed and the examining attorney determines that the mark is entitled to registration on the Principal Register, the mark is published in the Official Gazette of the USPTO for opposition. An opposition must be filed within thirty days after the date of publication, or within an extension of time granted by the Board for filing an opposition. An opposer would be any person who believes [...]Read more
- Posted by Jane Coyle on November 09, 2015 / Posted in Trade MarksRevocation of a trade mark is here it is removed from registration and no longer can be protected under the Trade Marks Act 1994.As trade marks are such valuable assets, it is possible to create control over them for a long period. However, you could find yourself in the situation where you have your trade mark revoked where it is removed from the register. This can happen for a number of reasons. The main reason for the revocation of a mark is non-use. It would be unfair to allow the monopoly over a mark indefinitely when it was not being used to its full effect. It prevents competition in certain industries [...]Read more
- Posted by Jane Coyle on November 09, 2015 / Posted in Trade MarksTrademark clearance/search reportTrademark clearance/search report In a series of meetings you have decided upon a brand for the business name or business product name. Finally you all breathe a sigh of relief. But it’s not the end of the process. You need to give serious consideration to the legalities of trading using this brand and then move on to the registration of this brand. It cannot be emphasised long and loud enough- you need to register your business name and product. To do so we will carry out a search for [...]Read more
- Posted by Jane Coyle on November 09, 2015 / Posted in Trade MarksProtecting a trademark internationally through the Madrid ProtocolProtecting a trademark internationally through the Madrid Protocol The Madrid Protocol is controlled by the World Intellectual Property Organisation ( WIPO ), based in Geneva, Switzerland and over 90 countries are signed up to this agreement. An International application must be based on an existing trademark application, or registration, in one of the member countries. If you apply through the UK office, your international application must be identical to your UK trade mark application or [...]Read more
- Posted by Jane Coyle on November 07, 2015 / Posted in Trade MarksIt is clear to see that any intellectual property is a good business asset. But having a registered trade mark could bring you in some income from a number of sources, not just the obvious.It is clear to see that any intellectual property is a good business asset. But having a registered trade mark could bring you in some income from a number of sources, not just the obvious. If you have a registered trade mark that you are not using to its full potential but don’t want to lose control over it, you can create a trade mark license with another party. A license is created to give another party permission to use your trade mark for an agreed fee. This could accumulate [...]Read more
- Posted by Jane Coyle on November 07, 2015 / Posted in Trade MarksIf you are not using your trade mark to its full effect, you want to consider an assignment.In short, of course! A trade mark can be a valuable asset, with it being reported recently that Coca Cola’s intellectual property is worth much more than its physical assets. Therefore you can create a huge amount of income from selling your trade marks through an assignment. An assignment is a complete transfer of ownership of a mark to another party. This means you will be cutting all ties with the mark and you will have no influence over it in the future. In most cases, an [...]Read more