Blog Archive
- Posted by Jane Coyle on May 21, 2014 / Posted in Trade MarksHearst Holdings Inc v. AVELA Inc [2014] EWHC 439It has recently been suggested that protection of a trade mark might extend beyond what is registered, if substantial reputation and goodwill have been created and consumers are in the belief that an official source of that character merchandise exists. Hearst Holdings Inc. have an image of Betty Boop and the words “Betty Boop” registered as trade marks and have, since 1984, been granting licences for the use of Betty Boop images and words on merchandise in the UK. [...]Read more
- Posted by Jane Coyle on May 21, 2014 / Posted in Trade MarksThe importance of defending your trade markA trade mark can represent a significant earning tool, as the legal owner has the exclusive right to use, sell or license the mark. However, the importance of defending your trade mark can be more than just economical, the owner needs to make sure the trade mark does not turn into a ‘generic term’. It is important as a trade mark owner to prevent others from using the trade mark as this might lead to trade mark dilution, meaning that the trade mark has become customary and lost its [...]Read more
- Posted by Jane Coyle on May 12, 2014 / Posted in Trade MarksSimilarity of trademarks and the risk of confusionAlthough a trade mark application will not be refused simply because a similar or identical mark already exists, the question of confusion under relative grounds should be given serious consideration when deciding on a new brand for a product or service. If the mark is challenged or infringement proceedings are brought then the following provisions are likely to be an issue: The relative grounds for refusal are given under s.5 of the 1994 Trade Mark Act and are split into three different [...]Read more
- Posted by Jane Coyle on May 08, 2014 / Posted in Trade MarksFancy a Papple? Papple trademark agreementThe Associated International Group of Nurseries (AIGN®), has signed an agreement on the use of the ‘Papple’ trademark with Worldwide Fruit, an international fruit marketing and distribution company specializing chiefly in the supply of apples and pears to major UK multiple retailers. Papple™, which has the varietal name of PremP109, was recently harvested in New Zealand and retailed in the UK. Marketed under the taglines “A Papple A Day Keeps the Doctor . [...]Read more