Blog Archive
- Posted by Jane Coyle on November 30, 2015 / Posted in Trade MarksBeginners Guide: TrademarkBeginners Guide: Trademark What is a Trademark? A trademark is a sign that distinguishes your brand from those of your competitors. Registering Trademarks: If you register your trademark you’ll be able to protect your brand, for your product or services and you will be able to: take legal action against people who do take your trademark without consent, sell and license your trade mark, and use the ®symbol to make sure other people do not take it and warn them that you will take [...]Read more
- Posted by Jane Coyle on November 30, 2015 / Posted in Trade MarksI Have an EU Trademark Can I Now Get an International Trademark?If you have a trademark in the UK or the EU we may be able to extend that protection overseas with an International Trademark filed through WIPO. Your EU or UK Trademark application will be known as your 'home registration' and the WIPO application will be based on either of these options. Costs depend on which country/(ies) you wish to file in as each has its own designation fee. Costs will also depend on the numbers of classes you need (i.e. the goods and services you offer) and whether [...]Read more
- Posted by Jane Coyle on November 27, 2015 / Posted in Trade MarksRadio X a new digital radio channel may have to re-brand after its trademark application has been opposed.Radio X a new digital radio channel may have to re-brand after its trademark application has been opposed. The new brand name is for Xfm .It was launched in September with DJs Chris Moyles and Johnny Vaughan. The similarly-named station Radio EXE owns the UK Trademark of Radio EXE which can be viewed here: https://www.ipo.gov.uk/tmcase/Results/1/UK00002636473 Radio X’s trademark application can be viewed here: https://www.ipo.gov.uk/tmcase/Results/1/UK00003121225 Radio X filed a [...]Read more
- Posted by Jane Coyle on November 26, 2015 / Posted in Trade MarksJaguar Land Rover Community trademark (CTM) application for a 3D shape refusedJaguar Land Rover filed a Community trademark (CTM) application for a 3D car shape covering automobiles. However it has emerged this has been rejected by the EU General Court. On November 25, the court said that the application lacked “distinctive character” and was therefore not eligible for protection. Last year OHIM appeal board rejected the CTM application covering cars, radio toy-controlled cars, and air and water vehicles. The CTM application was of of six line drawings [...]Read more
- Posted by Jane Coyle on November 26, 2015 / Posted in Trade MarksHow do I get an EU Trademark Application? How to get your brand registered as a trademarkHow do I get an EU Trademark Application? If you are trading outside the UK you should protect your brand with a registered CTM- Community Trademark. 1. Is my trademark available? All trademark application fees are non refundable. This means that you pay 900 Euro for up to 3 classes even if your trademark is unavailable! We can carry out a trademark search and advice report for either £50+VAT for advice on the UK and CTM registers OR £100+VAT to advise on the TM View- this [...]Read more
- Posted by Jane Coyle on November 25, 2015 / Posted in Trade MarksAn outline of the symbols that can be used to indicate your trade mark and whether you are authorised to use them.Trade mark symbols are a good way to indicating you have a trade mark that represents your business. There are a number of varieties with the main two outlined below. However there are certain requirements to allow the use of them which you need to be certain of before use. The most used symbol is the ® symbol which indicates your mark is registered. It is not compulsory to use this symbol but it is a strong indicator to others that your mark is registered and has protection from [...]Read more
- Posted by Jane Coyle on November 25, 2015 / Posted in Trade MarksAs a business starting out, you may be wondering what exactly you need to be aware of in relation to the Act, both generally and if you are looking to start an application of registration.The Trade marks Act 1994 is the key piece of legislation in the UK in relation to trade marks. It covers all issues including registration, infringement, revocation, license and assignments. However, as a business starting out, you may be wondering what exactly you need to be aware of in relation to the Act, both generally and if you are looking to start an application of registration. First of all, infringement is a key area that you need to be wary of. Any logo or name you use for your new [...]Read more
- Posted by Jane Coyle on November 25, 2015 / Posted in Trade MarksEU Trademark Infringement CaseBattle of the Burgers. Supermac v McDonald's Trademark Row. Another burger another David v Goliath trademark case. Supermac opened in 1978 in Ireland. McDonalds believe that the case they had then- does not entitle them to expand into other EUcountries and that they have failed submit any convincing arguments that the two brands would not cause confusion amongst the public in the EU. McDonald’s evidence before the trademark office in the EU OHIM states that [...]Read more
- Posted by Jane Coyle on November 24, 2015 / Posted in Trade MarksIf you have a business name then you have a trademark. If your trademark complies with Trademark Law then you should protect it- if you don’t a third party might!What are the benefits of having a registered trademark? If you have a business name then you have a trademark. If your trademark complies with Trademark Law then you should protect it- if you don’t a third party might! Your business may be at risk if someone else claims ownership to your brand. A registered trademark allows you to prevent third parties from using your brand without your consent and benefitting from your hard work. With a registered trademark you can legally take action [...]Read more
- Posted by Jane Coyle on November 23, 2015 / Posted in Trade MarksMediation may save the day in big brand trademark infringement caseMediation may save the day in big brand trademark infringement case Gucci, Yves Saint Laurent and other luxury brands suing Alibaba Group Holding Ltd for promoting the sale of counterfeit goods have agreed to mediation, deciding against a threat to withdraw from the process after Alibaba founder Jack Ma said that he would rather lose the case than settle. The trademark owners agreed to the judge’s request that they try to resolve their differences through a mediator. They had accused the [...]Read more