Blog Archive
- Posted by Jane Coyle on December 20, 2017 / Posted in Trade MarksBack in August, it was reported on The Trademarkroom blog that Aldi had received a challenge in relation to their latest frozen dessert release.Back in August, it was reported on The Trademarkroom blog that Aldi had received a challenge in relation to their latest frozen dessert release. Aldi had released ‘Champagne Sorbet’ throughout their stores in a bid to appeal to the luxury dessert market. This product was disputed by the Trade Association for the Houses of Champagne who claimed that the product was an infringing use of the Protected Designation of Origin ‘Champagne’. The claim was brought before the [...]Read more
- Posted by Jane Coyle on December 18, 2017 / Posted in NewsA reminder of our opening times for this festive season.For the 2017 festive season, The Trademarkroom office will close on Friday 22nd December 2017 at 12pm and will re-open on Tuesday 2nd January at 9am Over the festive season, The Trademarkroom team will not be available therefore please get in touch if you wish to protect your brand. On behalf of all the staff at The Trademarkroom, we wish all our wonderful clients a very Merry Christmas and a happy and prosperious 2018. [...]Read more
- Posted by Jane Coyle on December 18, 2017 / Posted in Trade MarksThe Trademarkroom blog reported earlier this year the spat which arose between Mondelez, the owners of Toblerone and discount retailer, Poundland.The Trademarkroom blog reported earlier this year the spat which arose between Mondelez, the owners of Toblerone and discount retailer, Poundland. The dispute nearly tipped over the edge as Mondelez were threatening to take infringement action against Poundland who created and planned to release their ‘Twin Peaks’ bar. The peaks of a Toblerone bar are protected by a 3D trade mark. The Twins Peak bar looked suspicious familiar even though Poundland were adamant that the bar was [...]Read more
- Posted by Jane Coyle on December 14, 2017 / Posted in Trade MarksThere has been much discussion over recent years, in respect of 3D trade marks and their future in Europe.There has been much discussion over recent years, in respect of 3D trade marks and their future in Europe. One company that has been in the centre of this discussion is Nestle. Nestle have fought for years to register the shape of their four finger KitKat bar as a 3D trade mark, only to be refused left right and centre for many reasons. After their last defeat in the Court of Justice for the European Union sparked them to take the matter to the last attempt with an appeal to the Supreme [...]Read more
- Posted by Jane Coyle on December 08, 2017 / Posted in Trade MarksWhen you discover another party is infringing your trade mark that you have spent a lot of time or money to create and develop, it can be heart-breaking.When you discover another party is infringing your trade mark that you have spent a lot of time or money to create and develop, it can be heart-breaking. However, it is extremely important that you take action to protect your brand otherwise the effort you have put in to create it will be a waste. The most common action to take is to start court proceedings. This can be an extremely costly process in regards to both time and money. In addition, you have the risk of falling foul of existing [...]Read more
- Posted by Jane Coyle on December 07, 2017 / Posted in Trade MarksSince the UK voted to leave the EU on 23rd June 2016, the world of IP has been a flutter with worries as to the future of EU trade marks and whether there will be a continuing connection with the UK.Since the UK voted to leave the EU on 23 rd June 2016, the world of IP has been a flutter with worries as to the future of EU trade marks and whether there will be a continuing connection with the UK. There has been no confirmation given as to whether EU trade mark owners will still be covered in the UK, whether any assistance will be given from the government to aid the IP transition or whether applications can still be made in the way in which it is now. As of yet, no Brexit deal in respect [...]Read more
- Posted by Jane Coyle on December 07, 2017 / Posted in Trade MarksAfter multiple set backs by the EU Intellectual Property Office, Coca Cola has something to celebrate today after the EU General Court ruled in their favour on an opposition bid.After multiple set backs by the EU Intellectual Property Office, Coca Cola has something to celebrate today after the EU General Court ruled in their favour on an opposition bid. This dispute started in 2010 in which Coca Cola opposed an application made by Mitico who made an application to protect ‘Master’ for food and beverages. The basis of Coca Cola’s opposition was the font style of Mitico’s application, which Coca Cola argued was too similar to the font for which [...]Read more
- Posted by Jane Coyle on December 01, 2017 / Posted in Trade MarksWhen considering the brand in which you should protect with a trade mark, it is important you are aware of those elements you should include and those you should avoid.When considering the brand in which you should protect with a trade mark, it is important you are aware of those elements you should include and those you should avoid. There are obvious things to avoid, such as a copy of an existing trade mark and a term that describes your goods and services, but there are others which are lesser known. One of these lesser known but important elements is laudatory marks. A laudatory mark is one which expresses praise and commendation. The mark will give the [...]Read more
- Posted by Jane Coyle on December 01, 2017 / Posted in Trade MarksThe world of trade marks in the EU, as we know it, is starting to see changes. Amongst those changes is the longevity of non-traditional marks.The world of trade marks in the EU, as we know it, is starting to see changes. Amongst those changes is the longevity of non-traditional marks. There as been much debate and back and forth decisions on whether 3D trade marks will continue to hold protection, but other non-traditional marks are also under fire, including colour trade marks. There have been one or two well reported cases involving the successes and failures to register a colour as a trade mark. Cadbury’s failed purple bid [...]Read more