Blog Archive
- Posted by Jane Coyle on November 30, 2016 / Posted in Trade MarksAs previously reported, Iceland the country was looking to take action against the frozen food supermarket brand for their use of ‘Iceland’.As previously reported, Iceland the country was looking to take action against the frozen food supermarket brand for their use of ‘Iceland’. The action threatened previously has occurred and many have commented on the degree of success in the claim. Shaun Sherlock, a trade mark attorney at Potter Clarkson has made comment and says “Iceland Foods have, over many years of trading, built up a reputation in the trade mark ICELAND primarily as a retail store brand. However, [...]Read more
- Posted by Jane Coyle on November 30, 2016 / Posted in Trade MarksThe large chain of supermarkets, Morrisons announced on the 22nd of November a plan to bring back the Safeway brandThe large chain of supermarkets, Morrisons announced on the 22 nd of November a plan to bring back the Safeway brand by creating a variety of products for sale to independent retailers. In 2004 the chain of supermarkets merged with Safeway supermarkets in a £3 billion deal. Morrisons are aiming to give customers access to good quality products provided to them by independent retailers. The chief executive within his announcement said that they are hoping to make their products more [...]Read more
- Posted by Jane Coyle on November 24, 2016 / Posted in Trade MarksA guide to UK trade marks applicationsThe Trade Mark Act 1994 (TMA) provides information and guidance on how to register a trade mark. There is also a common law action, ‘Passing Off’ which can be used to protect a mark that hasn’t been registered but is being infringed. ‘Passing off’ is based on goodwill which has been established over a period of time this is not statutory right but is protected by common law. A trade mark however would be better protected if it is registered. In order to file an [...]Read more
- Posted by Jane Coyle on November 23, 2016 / Posted in Trade MarksA worrying end to a 10 year dispute, the Court of Justice for the European Union has overturned a decision that stated the Rubiks cube mark is eligible for trade mark protection.The dispute stemmed from an application made by Simba toys claiming the Rubiks cube mark owned by Seven Towns was invalid as it was a sign that consisted of the shape of goods and is necessary to obtain a technical result. The claim for invalidity of the mark was first considered by the General Court who dismissed the claim stating that the mark was valid and Simba Toys claims were unfounded. This was appealed by Simba to the CJEU. The CJEU accepted the General Court’s reasoning in [...]Read more
- Posted by Jane Coyle on November 16, 2016 / Posted in Trade MarksWith IP and the protection of it growing in popularity in recent times, many businesses are aware of how powerful and valuable their intellectual property can be.With IP and the protection of it growing in popularity in recent times, many businesses are aware of how powerful and valuable their intellectual property can be. However, the level of knowledge in relation to the use of IP and the protection of it in some places is limited therefore leading a number of cases where a threat of IP infringement action has been made when actually that is far from the reality of the situation moving forward. In relation to unjustified threats, IP owners have had [...]Read more
- Posted by Jane Coyle on November 16, 2016 / Posted in Trade MarksA guide on what a trade mark opposition is and how it may affect youReasons for Opposing Trade Marks A trade mark effectively is a ‘badge of origin’ which helps customers identify where the product originates from, therefore the reputation of the proprietors of that product is also protected since no one else can benefit from it but them. If there is belief that a trade mark will cause confusion with another registered or unregistered trade mark, then grounds for opposing it might exist.There are two qualifications for a mark to be likely to cause [...]Read more
- Posted by Jane Coyle on November 16, 2016 / Posted in Trade MarksAs India was previously part of the British Empire, it has followed in the UK’s footsteps in relation to the main structure of the IP system, especially in relation to trade marks.As technology grows and businesses expand, the demand for businesses to be more IP aware is increasing. Therefore as businesses set up base in new countries, it is important that IP follows suit. As India was previously part of the British Empire, it has followed in the UK’s footsteps in relation to the main structure of the IP system, especially in relation to trade marks. Registration While India is a signatory to the Madrid system, it is best to register your mark through the [...]Read more
- Posted by Jane Coyle on November 16, 2016 / Posted in Trade MarksIf you are looking to expand your business, you need to be sure that your trade mark protection expands with you.This guide will tell you everything you need to know about trade marks in China, from registration to enforcement. China has seen a rapid increase in its economic position, which has aided the growth of IP. Recent reforms to the Chinese IP laws have seen it draw aspects from the UK system to build on its own. The Chinese system has similarities to the UK in the sense that trade mark registration is there to protect signs, shapes, logos and colours. It is also the same in the fact that [...]Read more
- Posted by Jane Coyle on November 09, 2016 / Posted in Trade MarksThe key aspect of as trade mark is that it is a distinctive way for your consumers to distinguish you from the competition.The key aspect of as trade mark is that it is a distinctive way for your consumers to distinguish you from the competition. If your mark loses its distinctiveness, it is no longer fulfilling its function as a badge of origin of goods but only becoming a representative of the goods or services themselves. Some of the most commonplace of terms now once were brands, destroyed by overuse. A key example of this is the Hoover, once a brand now so diluted it has become the word of choice for the [...]Read more
- Posted by Jane Coyle on November 09, 2016 / Posted in Trade MarksSportswear giant Adidas have exerted their authority and filed a notice of opposition in relation to a trade mark application filed by Spanish football team FC Barcelona.Sportswear giant Adidas have exerted their authority and filed a notice of opposition in relation to a trade mark application filed by Spanish football team FC Barcelona. The application in question was a red and blue stripe design filed at the US Patent and Trademark Office. The design was described as a “square containing seven vertical stripes. The 1st, 3rd, 5th and 7th stripes from the left are blue, and the remaining three stripes are garnet.” FC Barcelona is looking to [...]Read more