Blog Archive
- Posted by Jane Coyle on December 18, 2013 / Posted in Trade MarksWhy would my mark be refused?Distinctive and descriptive are words commonly used in relation to trade marks but what do they mean? Section 3 (1) (b) of the Trade Marks Act 1994 states that a trade mark shall not be registered if it is devoid of any distinctive character, however if the trade mark distinguishes your goods or services from those of your competitors then it will be eligible for registration. If you are applying to register a trade mark which describes your goods or services or any of its characteristics then [...]Read more
- Posted by Jane Coyle on December 16, 2013 / Posted in Trade MarksCTM applications now require more detailThe CJEU’s decision in the IP Translator case has led to the OHIM changing its practice with regards to how trade marks owners in the EU are required to specify the goods and services covered by their trade mark applications. It is thought that this may lead to the reduction in the difference of practice between OHIM and various national trade mark registries. The basis of the IP Translator case involved the concern surrounding the scope of protection conferred by trade mark registrations [...]Read more
- Posted by Jane Coyle on December 16, 2013 / Posted in Trade MarksThere is money to be made in sport – protect your brand firstIt doesn’t matter where you are in the world, there will always be a home team. It doesn’t matter which sport you follow, there is sure to be a sports club nearby. It is possible that you may own merchandise, for example a Southampton FC mug or a Liverpool FC scarf, and you most probably follow your team’s news via the television and the internet. There is also the possibility that you visit your team’s home ground occasionally and maybe even place the occasional bet. [...]Read more
- Posted by Jane Coyle on December 11, 2013 / Posted in Trade Marks‘Princess in Business’ – Trade Mark the character of your companyWomen can now be business women. Female entrepreneurs are setting up shop everywhere and it is important not to overlook the necessity of registering a trade mark for your business name or logo. The ambition of every new business is to develop the brand into an established house hold name and the most important asset of your business will most likely be the name of your company. What’s in a name? The name represents where the goods/services originate from, and provides the [...]Read more
- Posted by Jane Coyle on December 02, 2013 / Posted in Trade MarksA trade mark is a sign capable of being represented graphically. They are used by traders to differentiate their product from another. A trade mark can consist of words, designs, shapes, smells, colours, gestures, sounds and domain names.For a trade mark to remain in force it must be renewed every 10 years. Registration of a trade mark allows the owner to sue for trade mark infringement any person who uses an identical mark or similar mark on goods which are similar or identical without consulting them. They are also able to sue if the mark is likely to or has caused confusion. Under section 10 TMA a person is said to ‘use’ a sign if he: a) affixes it to goods or the packaging thereof; b) offers or exposes goods [...]Read more
- Posted by Jane Coyle on December 02, 2013 / Posted in Trade MarksBuying a trade markTrade marks can be sold and bought just like any other property, this is known as an assignment of trademark. The seller is known as the ‘assignor’ and the buyer is the assignee. Under section 24 TMA a trade mark can be sold for all the classes or part of the classes in which it is registered or it can be sold in relation to the use of the mark in a particular manner or locality. The first step in relation to buying a trade mark as with any property is to contact the owner. Once [...]Read more