Blog Archive
- Posted by Jane Coyle on April 24, 2017 / Posted in Trade MarksA potential stumbling block for a trade mark application is a lack of distinctiveness.A potential stumbling block for a trade mark application is a lack of distinctiveness. As the examination process of trade mark applications is subjective, it is possible that a mark you deemed as distinctive may be deemed as being descriptive by the IPO examiner. In many cases this calls an end to the registration bid for that trade mark, however, those businesses who have been using their trade mark for a number of years before submitting their application may have a saving grace in the form [...]Read more
- Posted by Jane Coyle on April 24, 2017 / Posted in Trade MarksBy registering your trade mark, you are securing your ability to protect your brand against others who may be looking to take advantage of your succeeding brand.By registering your trade mark, you are securing your ability to protect your brand against others who may be looking to take advantage of your succeeding brand. However, this protection will not be effective if your trade mark has not expanded with your business and it is the newer area in which the problems have arisen. For example, if your business originated in the UK but you are now also trading in France and there is a trade mark copycat across the Channel who is looking to take [...]Read more
- Posted by Jane Coyle on April 24, 2017 / Posted in Trade MarksThe biggest drawback for a new business in relation to trade mark, as opposed to an established business, is not only finances and resources but the lack of reputation and goodwill.The biggest drawback for a new business in relation to trade mark, as opposed to an established business, is not only finances and resources but the lack of reputation and goodwill. This means that you will not have unregistered rights in the brand you are trying to create which will help you fight against brand copy cats. Therefore, it is best to ensure that you have your brand secured through registration before pushing your brand out into the industry, in a bid to minimise the chance of [...]Read more
- Posted by Jane Coyle on April 21, 2017 / Posted in Trade MarksWhile many businesses start by registering one trade mark, what many people do not know is that you can create a series of trade marks that can give you a higher level of power and protection.While many businesses start by registering one trade mark, what many people do not know is that you can create a series of trade marks that can give you a higher level of power and protection. A series of trade marks is rather self-explanatory, but are a number of different marks that are registered separately but are all linked and therefore collect as a group. For example, if you are the owners of a Florists called Flower Power, you may want to protect your name but also have a unique logo. [...]Read more
- Posted by Jane Coyle on April 21, 2017 / Posted in Trade MarksWhen registering a trade mark, it is not sufficient to just register the brand, you must indicate which goods or services it is to be registered for.When registering a trade mark, it is not sufficient to just register the brand, you must indicate which goods or services it is to be registered for. This is done by attaching a classification (or two) to your application. A mark cannot be registered for all goods or services therefore you must add a class to ensure your goods or services that your business is covered and properly protected. There is a class for everything you can think of, however sometimes it is not obvious the appropriate [...]Read more
- Posted by Jane Coyle on April 10, 2017 / Posted in Trade MarksKylie Jenner, reality TV star, has had another bout of trade mark troubles.After Kylie Minogue successfully blocked an application by Kylie Jenner to register ‘Kylie’ as a US trade mark and settled the matter outside of court, Jenner has had further issues with another trade mark application. Her latest trade mark application attempt was for ‘Kylie Jenner’ in relation to clothing and accessories. She submitted this application in November 2015 in an attempt to gain the ultimate rights over her name. However, in more trade mark woes, this [...]Read more
- Posted by Jane Coyle on April 10, 2017 / Posted in Trade MarksThe addition of a slogan to a business can allow it to create a full brand identity. It can be an easy way for customers to connect with the brand and be drawn to its products or services.The addition of a slogan to a business can allow it to create a full brand identity. It can be an easy way for customers to connect with the brand and be drawn to its products or services. As with your business name and logo, you can gain trade mark protection in a slogan. This is recommended to ensure that your business reputation will not be affected by any other party misusing your brand. To register your slogan as a trade mark, you will have to overcome the same registration hurdles as you [...]Read more
- Posted by Jane Coyle on April 10, 2017 / Posted in Trade MarksIt was unclear how intellectual property rights would be affected by Brexit, but has there been any clarity after the first formal step to a separation?In the form of a letter received on 29 th March, Theresa May notified the European Union that the UK is invoking Article 50 signalling the start of the Brexit negotiation process. Before this, it was unclear how intellectual property rights would be affected by Brexit, but has there been any clarity after the first formal step to a separation? Well, unfortunately not. The position of the UK rights is likely to stay as they are, however it is unclear how existing EU rights will translate after [...]Read more
- Posted by Jane Coyle on April 10, 2017 / Posted in Trade MarksFollowing in the footsteps of other popstars such as Taylor Swift, Selena Gomez is looking to take the benefit of a registered trade mark.Following in the footsteps of other popstars such as Taylor Swift, Selena Gomez is looking to take the benefit of a registered trade mark. While this application is going to be filed in the US, the overall function of the trade mark and the reasons to register are similar to the UK system. Gomez wants to prevent any other person with the name ‘Selena Gomez’ use it in connection with live TV, film or music. This will also apply to all fan clubs and fan connections. She wants control [...]Read more
- Posted by Jane Coyle on April 03, 2017 / Posted in Trade MarksIt has just been announced that the China Trade Mark Office have halved all of their official fees.It has just been announced that the China Trade Mark Office have halved all of their official fees. As previously reported on The Trademarkroom blog, China have been named one of the most protected countries in relation to trade marks for a 15 th year. Now seems to be the best time to take advantage of this, as the official fees for the Chinese Trade Mark Office have been halved. There is no indication that this is a temporary measure so it seems that these lower fees will be around for a [...]Read more