Blog Archive
- Posted by Jane Coyle on November 06, 2015 / Posted in Trade MarksThe importance of a trademark searchThe importance of a trademark search A frequently asked question in when deciding on a new compnay name or brand name is do I need to do a trade mark search; the answer to which is yes. Following on from this the next question is can't I just use the searches which are freely available on the relevant Trade mark Office Website. While this can provide a good starting point as they will show if anything identical is already registered they do not always necessarily tell the full story. When [...]Read more
- Posted by Jane Coyle on November 06, 2015 / Posted in Trade MarksTrademark Opposition Procedure in the UKOnce the UK Intellectual Property Office has accepted an application for a trade mark for registration, the mark will then be advertised in the Trade Mark Journal. Following this, there is a period of two months (can be extended to three) which allows anyone else to oppose the registration of your trade mark. The term 'opposition' is the legal procedure which allows anyone to try and stop the registration of a pending trade mark. A pending mark may face an opposition for a number of reasons. [...]Read more
- Posted by Jane Coyle on November 05, 2015 / Posted in Trade MarksWhat is the UK Right Start Trademark ApplicationUK Right Start Trademark Application If you are filing a UK trademark application then you have the option to file through the UK Right Start Scheme. This means that you pay half of the UKIPO fees upfront and the remainder if you receive a successful examination report. You can use the Right Start if you want the Intellectual Property Office to assess your application and tell you if it meets the rules for registration. They will issue an examination report. So for example if you [...]Read more
- Posted by Jane Coyle on November 04, 2015 / Posted in Trade MarksWhy has my trademark application been refused?Why has my trademark application been refused? Section 3 of the Trade Marks Act 1994 covers the reasons why The UK Intellectual Property Office ("IPO") may refuse your UK trademark application. For example a recent trademark application for the mark 'WILDFLOWER' in relation to toiletries and perfume products (under Class 3) was refused under s3(1)(c) of the Trade Marks Act 1994 ("the Act") as the Registrar considered the mark to be descriptive of the characteristics of the goods and therefore [...]Read more
- Posted by Jane Coyle on November 03, 2015 / Posted in Trade MarksUK Trademark Registration, Relative Grounds for RefusalSection 5 of The Trademark Act concerns itself with the relative grounds for refusal- grounds upon which your trademark can be opposed. S5(1) of the 1994 Trademark Act is concerned with conflicts where the marks are identical and the goods or services are also identical: Section 5 Relative grounds for refusal of registration. (1)A trade mark shall not be registered if it is identical with an earlier trade mark and the goods or services for which the trade mark is applied for are identical [...]Read more
- Posted by Jane Coyle on November 02, 2015 / Posted in Trade MarksWill my Trademark Application be Opposed?Will my Trademark Application be Opposed? If you file a Trademark Application in the UK and there is potentially a similar trademark that could cause conflict already registered you may face an opposition to your trademark application. Since the 1 October 2007 the registrar at the UKIPO has only been able to refuse an application on a ground mentioned in Section 5 of the Trade Marks Act 1994 if opposition on that ground is raised (successfully) by the proprietor of the earlier mark or sign. [...]Read more
- Posted by Jane Coyle on November 02, 2015 / Posted in Trade MarksI have a brand name for my business but is it a trademark?I have a brand name for my business but is it a trademark? The words trademark and brand are often used to mean the same thing by traders. Both refer to signs which are used to differentiate goods or services from those of others. The term brand is often associated with a "mark made by a hot iron or in other words, a means for one herdsman to "mark" his animals and so distinguish them from those of his competitor. A brand is an effective way to tell the world THIS IS MINE! [...]Read more