Blog Archive
- Posted by Jane Coyle on June 26, 2013 / Posted in Trade MarksEverywhere we look, we see trademarks. For example, the trademark that I am using to type this article, â€Microsoftâ€.We all have certain expectations that we have from Microsoft. The actual word “Microsoft” gives off a meaning to the consumer: reliability, confidence and consistency. This is what company’s strive and a valuable asset that company’s always are trying to protect. However, Google has become worried that the term “Google” will become synonymous to the word search. This will result in a loss of its trademark protection and reduce [...]Read more
- Posted by Jane Coyle on June 24, 2013 / Posted in Trade MarksCommon Law TrademarksJust because you haven’t secured a federal trademark registration in the U.S. does not mean your trademark is worthless and not afforded any protection. In the U.S., rights are built up based on USE of the mark. Of course, federal registration does afford many benefits and we would encourage registering your mark, but we realize this is not always possible. When it is not, and you are operating on “common law”, here are a few things to keep in mind. Protection of [...]Read more
- Posted by Jane Coyle on June 24, 2013 / Posted in Trade MarksA Brief Overview of Trademarks in the U.S.So you’ve decided that it’s finally time to get your trademark registered in the U.S. Well, before you do, there are a few things you should know. The most important legal requirement when it comes to obtaining and maintaining a trademark in America is that the mark must be used in interstate commerce. In short, you have to be actively and genuinely be using your mark in the States in order to qualify for federal trademark registration. Proof of that use must be [...]Read more
- Posted by Jane Coyle on June 21, 2013 / Posted in Trade MarksImaginative trademarks: how to convey Quality (Street)It would be highly unfair to monopolise words like ‘great’ and ‘tasty’ when applying trade marks to products. If the name of a product is too descriptive, either of value or quality, then that name can’t be solely allowed for use by a single trader. Imagine if ‘Tropicana’ alone could describe their product as orange juice! Instead, the juice company chose a name which invokes an idea of tropical freshness without actually using the terms, not only [...]Read more
- Posted by Jane Coyle on June 21, 2013 / Posted in Trade MarksWhere in the world? Geographical origins in TrademarksIf you are planning to register a trade mark, first consider whether the words or logos you have chosen contain any information denoting the origin of your product. If your product is not in fact produced in the region you wish to include in the name of your trade mark but is merely in the style of a product associated with that region, traders who actually operate in that area are left at a disadvantage. You would be falsely representing the origin of your product and misleading the consumer. [...]Read more
- Posted by Jane Coyle on June 21, 2013 / Posted in Trade MarksThe Co-Operative compete for “Good Life†in trademark battleThe Co-Operative have recently replaced their healthy eating food product lines “Healthy Choice” and “Naturally Healthy” with a range called “Good Life”. They applied for the trademark in December, and started the product line in April, with 80 products in the range. Although they have applied for the trademark, the application has not yet been registered at the UKIPO due to an opposing brand and food production company, Goodlife Foods, which are using [...]Read more
- Posted by Jane Coyle on June 21, 2013 / Posted in Trade MarksIf I register the logo in black and white, does that mean that the registered trade mark would be valid for all colours, or do I need to specify colours that I intend to use?If you register a trade mark your registered rights are for that mark as filed i.e. in black and white. If you file in a specific colour combination your registered rights will be in that mark in those colours. However, your infringement rights extend to similar marks so protection may extend to other colour combinations. This really depends on the mark, the goods and/or services and the impact the colours may have. There are no hard and fast rules as each application is considered on its own [...]Read more
- Posted by Jane Coyle on June 19, 2013 / Posted in Trade MarksA Beginner’s Guide to TrademarksA trademark is a badge or indication of trade form; it can be a word, phrase or logo. For example, McDonalds is a trademark and so is their slogan, “I’m lovin’ it”. The purpose of a trademark is not only to register and ensure the product or brand name has just one undisputed owner, but it also has many other advantages. One example of this is the effect of the recognisable brand name or trademark to the consumer; when the consumer buys a product with a brand name, they [...]Read more
- Posted by Jane Coyle on June 14, 2013 / Posted in Trade MarksWhat is the difference between a trade mark and other intellectual property rights such as patents and designs?All intellectual property rights are intended to protect the creativity of businesses and individuals. However, they do not cover the same aspects. A trademark identifies the origin of goods and services of one undertaking so as to differentiate them from those of its competitors. A design covers the appearance of a product. A design cannot protect the function of a product. A patent covers the function, operation or construction of an invention. To be patentable, a function must be [...]Read more
- Posted by Jane Coyle on June 13, 2013 / Posted in Trade MarksKeyword Advertising, Trade Marks and what it means for Online BusinessesDoes your business use search engine tactics to get to the top of the pile in a search and out-do your competitors? If so, some important developments in this field will be of particular interest to you and your business. In an article posted in smallbusiness.co.uk, trade mark specialist Rob White discusses the potential impact of ruling by the UK High Court in a case between flower retailer Interflora and retail giant Marks & Spencer’s. In this case M&S purchased a series of [...]Read more