Blog Archive
- Posted by Jane Coyle on November 26, 2013 / Posted in Trade MarksThe difficulties surrounding trade mark selectionWhen a business is in the process of choosing their trade mark it is undoubtedly tempting to select one which describes the product or service provided. By doing so, the business could almost use their trade mark as a form of advertising, informing the consumer about the product from the outset. However, the relevant legal criteria states that a trade mark must be distinctive. In other words, this trade mark must not describe a feature of the product or be a term which is reasonably required for [...]Read more
- Posted by Jane Coyle on November 25, 2013 / Posted in Trade MarksHormel are sellers of ‘SPAM’ canned meat in the UK and Dukka are sellers of ‘SPAM’ energy drinks in many countries in Europe excluding the UK. Hormel tried to declare void Dukka’s trade mark.Hormel based its claim against Dukka on two main grounds: 1. The protection of an earlier trade mark against an identical or similar sign used for identical or similar goods or services where a likelihood of confusion exists 2. The protection of an earlier trade mark against an identical or similar sign used for non similar goods or services where the sign would take unfair advantage of a reputation or be detrimental to a distinctive character. The court dismissed the first claim on the [...]Read more
- Posted by Jane Coyle on November 22, 2013 / Posted in Trade MarksGucci Double G Trade Mark revokedThe Intellectual Property Office (IPO) has revoked a Gucci trademark. The interlocking double G trade mark was first registered in 1984 but was revoked on November 5th on grounds of non-use. The trade mark was registered in 4 classes in the UK, class 3, 14, 18 and 25. These classes include perfume, jewellery and clothing. In June 2012 German clothing firm and fashion rival Gerry Weber applied for the Gucci trade mark to be revoked on ground of non-use between 1st February 2003 and 31st January [...]Read more
- Posted by Jane Coyle on November 14, 2013 / Posted in Trade MarksHere is some information about invalidity in the EU;There are two types of grounds for invalidity: absolute and relative. Absolute grounds for invalidity include the grounds for refusal which have been examined during the registration procedure. Relative grounds for invalidity concern earlier rights which take precedence over the CTM in accordance with the principle of “priority”- ie you can prove that you have been using the mark for longer. A CTM may be declared invalid by invoking absolute grounds in the following cases: Where [...]Read more
- Posted by Jane Coyle on November 13, 2013 / Posted in Trade MarksRegister a trademarkIf you register a trademark your registered rights are for that mark as filed i.e. in black and white. If you file in a specific colour combination your registered rights will be in that mark in those colours. However, your infringement rights extend to similar marks so protection may extend to other colour combinations. This really depends on the trademark, the goods and/or services and the impact the colours may have. [...]Read more
- Posted by Jane Coyle on November 13, 2013 / Posted in Trade MarksBeware of the AdWord – Interflora v Marks & SpencerBefore 2008, Google operated a specific policy relating to AdWord’s. When a trade mark owner informed Google that a particular word was registered as their trade mark, Google would then block all attempts by third parties who were trying to purchase this keyword. This meant that if the third party wished to then use that word within the AdWords service they would have to contact the trade mark owner in order to seek their permission. This policy was altered by Google on the 5 th May 2008. [...]Read more
- Posted by Jane Coyle on November 08, 2013 / Posted in Trade MarksHow to protect your jewellery design and brand.The design of your jewellery is potentially its most valuable asset. This is why you should protect it with a registered design and prevent others benefiting from your hard work. When creating a new design you should always think about intellectual property protection. In the UK, jewellery designs can attract a number of intellectual property rights. Some you have to apply for, others arise automatically. Registered design A Registered Design is a legal right which protects the overall visual [...]Read more
- Posted by Jane Coyle on November 01, 2013 / Posted in Trade MarksWhy choose TMR?Businesses in every sector highlight personal objectives. For some, the main objective will be to provide a service at an unrivalled cost. For others, their USP will be their ‘quality’ of service, leading to the inference that their higher prices are justified. It is somewhat undisputed that competition is healthy for the consumer. Competition provides each business with the incentive to keep costs down whilst simultaneously improving their quality of good or service. It is evident [...]Read more