Blog Archive
- Posted by Jane Coyle on November 30, 2017 / Posted in Trade MarksWhat is a trade mark and why do I need to register my brand?What is a trade mark? A trade mark is the modern day shield to protect you from unfair competition, and your consumers/clients from confusion between you and another company. Having a trade mark allows you to be the sole user of your image, and gives you the power to stop others from using an identical/similar image to your own. Why is this important and potentially dangerous to ignore? A trade mark in this instance is a two way street, and several problems are likely [...]Read more
- Posted by Jane Coyle on November 24, 2017 / Posted in Trade MarksWhen considering the registration of a trade mark and the registration of a domain name, part of the complete package for a new business, it is difficult to know what need to come first.When starting a new business, or moving into a new specialism, it may seem like everything needs to be done yesterday. However, when considering the registration of a trade mark and the registration of a domain name, part of the complete package for a new business, it is difficult to know what need to come first. With the world spending 99% of their lives online, it is important that your business can be accessed online and potential customers can see that your business is above your [...]Read more
- Posted by Jane Coyle on November 24, 2017 / Posted in Trade MarksYou need to consider where you want to register your mark to ensure it is the right registration for you and your business.You need to consider where you want to register your mark to ensure it is the right registration for you and your business. You need to not only consider the financial aspects but any future potential of expansion. This can impact where you should apply to have your trade mark registered. UK Registration This application, as the name suggests, will only allow you to have protection against any other mark in the UK. The application is to be submitted to the UK Intellectual Property [...]Read more
- Posted by Jane Coyle on November 24, 2017 / Posted in Trade MarksThose of you who know the finer details of trade mark law will know that a trade mark containing a geographical location will be refused.Those of you who know the finer details of trade mark law will know that a trade mark containing a geographical location will be refused. This is because it would allow the applicant to have a monopoly over a location in which many businesses will trade. There has been a number of cases in which applicants have got around this stumbling block by arguing that the mark had acquired distinctiveness at the time of filing. However, it seems the Intellectual Property Enterprise Court have created [...]Read more
- Posted by Jane Coyle on November 17, 2017 / Posted in Trade MarksWhile we always reccomend you protect your brand with registration, it is not the only way in which you can prevent copycats.You may believe that you have no way of protecting a trade mark that you haven’t registered. Well, you would be wrong. You may be able to prevent the other party from using a trade mark that you were using first through passing off. Passing off is a common law action which allows a party to prevent another using a specific mark if they can show they have developed ‘goodwill’. Goodwill can be difficult to pinpoint but just having a reputation is not enough. The user would [...]Read more
- Posted by Jane Coyle on November 17, 2017 / Posted in Trade MarksWith Google Adwords growing in popularity, they may grow into a problem for trade mark owners.With everyone’s lives moving online, it is now the key focus of a business attention, especially when it comes to advertising. The majority of the general public will gain their recommendations for services or goods from what is online, whether that is an advert or another user’s review. Therefore, the demand and cost of online advertising is rising along with the risk of potential IP problems. A growing source of online advertising is Google AdWords. Google AdWords allows users [...]Read more
- Posted by Jane Coyle on November 17, 2017 / Posted in Trade MarksSubmitting an application to register a trade mark, is largely a waiting game.Submitting an application to register a trade mark, is largely a waiting game. Not only are you waiting for the UK Intellectual Property Office’s verdict on the registerability of your mark, you are also in anticipation of any oppositions being filed. An opposition can be filed by any party who has an existing registered trade mark that may be interfered with by your application. Any existing mark that has been registered in the UK and is deemed to be similar or identical to your [...]Read more
- Posted by Jane Coyle on November 16, 2017 / Posted in Trade MarksGoogle is the number one search engine in the world right now. The term ‘google it’ is a daily essential to most peoples vocabulary, but has this gone too far?Google is the number one search engine in the world right now. The term ‘google it’ is a daily essential to most peoples vocabulary, but has this gone too far? In the United Kingdom, a trade mark acts as the competitive badge to protect companies from unfair competition, and consumers from confusion. Google, definitely falls into this category. But what happens when a trade mark is used so much, that people being to associate the given mark with the activity? When was the last time [...]Read more
- Posted by Jane Coyle on November 16, 2017 / Posted in Trade MarksOne of the trickiest things for a trade mark application is trying to avoid a refusal or challengeOne of the trickiest things for a trade mark application is trying to avoid a refusal or challenge. There are some simple steps that you can take to avoid a trade mark being challenged under absolute/relative grounds for refusal. 1) Choose a distinctive trade mark. This simply means something that makes it different and makes it something a customer would recognise as you. For example, a simple design of ‘fit quick’, for a company who specialise in gym equipment have a chance of not [...]Read more
- Posted by Jane Coyle on November 09, 2017 / Posted in Trade MarksThere is nothing quite as personal as your own name.Can you use your name as a trade mark? The answer in short is yes! But, it is not quite as simple as it may seem. It is important to understand that as soon as you register your name as a trade mark, it will start to build a reputation and an identity of its own. This is known as goodwill. This goodwill will be attached to the name itself and not you as an individual, just as it would if the trade mark was not your name. The key issue with this is if you ever decide to pass on or sell the [...]Read more