Blog Archive
- Posted by Jane Coyle on March 27, 2017 / Posted in Trade MarksAn opposition can be filed by any party who has an existing registered trade mark that may be interfered with by your application.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 restorability 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 March 27, 2017 / Posted in Trade MarksEvery trade mark application made to the UK Intellectual Property Office is subject to a publication stage.There are a number of stages to a trade mark application, many of which are not regularly explained. A stage included in this, is the publication stage. Every trade mark application made to the UK Intellectual Property Office is subject to a publication stage. While the party who has submitted the application takes minimal steps during this time, effort at the beginning of the process can make this time an easier wait. The publication stage, in short, is a chance for existing trade mark [...]Read more
- Posted by Jane Coyle on March 27, 2017 / Posted in Trade MarksWhen considering your trade mark and drafting it from scratch, there are a number of elements that are key to succeeding in your registration.When considering your trade mark and drafting it from scratch, there are a number of elements that are key to succeeding in your registration. The key to a trade mark and its function for a business it to represent the brand. A brand name, logo or slogan is the first port of call for a customer therefore it needs to be eye catching and distinctive to separate yourself from your competitors. While there are practical elements you need to ensure are incorporated into your trade mark, there are [...]Read more
- Posted by Jane Coyle on March 20, 2017 / Posted in Trade MarksYou may be able to prevent the other party from using a trade mark that you were using first through passing off.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 March 20, 2017 / Posted in Trade MarksBentley Motors recent attempt to deem Bentley, a UK clothing company, trade mark invalid has failed.Bentley Motors recent attempt to deem Bentley, a UK clothing company, trade mark invalid has failed. Bentley Motors had claimed that from December 2008, when they applied for their EU trade mark, they had acquired an exceptional reputation in relation to high end motors. It has claimed that this reputation originated from 1920 when the Company started to use ‘Bentley in relation to jewellery and clothing. This was reflected in the inclusion of classes 14 and 18 in their registration. [...]Read more
- Posted by Jane Coyle on March 20, 2017 / Posted in Trade MarksWhen researching and considering a trade mark application, you may encounter the UK IPO. They are your main port of call for any UK trade mark matters therefore it is important to know who they are and what they do.When researching and considering a trade mark application, you may encounter the UK IPO. They are your main port of call for any UK trade mark matters therefore it is important to know who they are and what they do. The UK Intellectual Property Office is the government body which is responsible for all intellectual property matters in the UK. This includes trade marks as well as patents, copyright and designs. Any matter including registering a trade mark or making further applications such as [...]Read more
- Posted by Jane Coyle on March 20, 2017 / Posted in Trade MarksWhile it may seem that you are free to use your mark as you wish once you have it registered, this is not the case.While it may seem that you are free to use your mark as you wish once you have it registered, this is not the case. It is essential that you are using your mark effectively, whether it is registered in the UK or EU, to ensure you will be fall foul of revocation proceedings. To prevent a trade mark monopoly, a mark is not allowed to sit unused therefore preventing another party from registering it. Therefore, anyone can submit an application to revoke the mark if it has not been used in a [...]Read more
- Posted by Jane Coyle on March 20, 2017 / Posted in Trade MarksWith everyone’s lives moving online, it is now the key focus of a business attention, especially when it comes to advertising.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 March 14, 2017 / Posted in Trade MarksYet another alternative to an ordinary mark for your consideration.Yet another alternative to an ordinary mark for your consideration. A collective mark is there to indicate that a trade mark originates from an association or an authority rather than an individual trader or a normal business. While this may not be suitable for everyone, it is to be considered if you are in control of a members’ associations to show that the association is reputable and is genuine. A clear example of this is the protection of ‘Solicitors Regulation [...]Read more
- Posted by Jane Coyle on March 14, 2017 / Posted in Trade MarksA certification mark is a trade mark that indicates that the goods or services have been certified in respect of origin, material, mode of manufacture or quality.While the existence of ordinary trade marks is more widespread and the public are becoming more aware of the importance of protecting a brand, not m any know that there are other alternatives that may be more suited. One of these alternatives is a certification mark. A certification mark is a trade mark that indicates that the goods or services have been certified in respect of origin, material, mode of manufacture or quality. A key to this mark is that it cannot only be used by the owner of [...]Read more