Blog Archive
- Posted by Jane Coyle on July 18, 2014 / Posted in Trade MarksnvalidationThe legal procedure of allowing anyone to attempt to remove a trademark from IPO’s register is called invalidation. This can be the application for the full removal of the registration or part of the services or goods it covers. The initiator of the proceedings is the applicant in the case. The following reasons are the main reasons why there may be and application for the invalidation of the full or part of the registration of a trademark: There is a belief that the trademark is not [...]Read more
- Posted by Jane Coyle on July 18, 2014 / Posted in Trade MarksRevocationThe legal procedure that permits the removal of a trademark from the IPO trademark register is revocation. This can be the application to remove all or part of the registration. The person who begins the proceeding is the applicant. Non-use If it is felt that a registered trademark has not been used within the 5 years since the trademark was registered or a consecutive period of 5 years unused and there is no proper reason for it then you can apply for revocation of full or part of it. [...]Read more
- Posted by Jane Coyle on July 17, 2014 / Posted in Trade MarksSports Chant to Become Trademark?Following the U.S. Soccer team’s noteworthy performance in the World Cup which gripped an entire nation, a university in the U.S. is attempting to trademark a phrase which became the motto of the summer. San Diego State University has recently submitted an application to the United States Patent and Trademark Office for trademark registration of the words “I believe that we will win”. The application has been submitted in class 25 for various clothing, footwear and [...]Read more
- Posted by Jane Coyle on July 17, 2014 / Posted in Trade MarksCanadian Trademark Law ChangesCanada is seeking to introduce some very important changes to its T rade-marks Act through an omnibus Budget Implementation Bill (Bill C-31, Economic Action Plan 2014 Act , No. 1). The Bill is proceeding through the Canadian Parliament and is expected to pass in the near future. Most of the amendments are likely to be implemented in the fall of 2014, while some of the regulations implementing international filing of trademark applications under the Madrid Protocol will probably [...]Read more
- Posted by Jane Coyle on July 17, 2014 / Posted in Trade MarksCanadian Trademark Law ChangesCanada is seeking to introduce some very important changes to its T rade-marks Act through an omnibus Budget Implementation Bill (Bill C-31, Economic Action Plan 2014 Act , No. 1). The Bill is proceeding through the Canadian Parliament and is expected to pass in the near future. Most of the amendments are likely to be implemented in the fall of 2014, while some of the regulations implementing international filing of trademark applications under the Madrid Protocol will probably [...]Read more
- Posted by Jane Coyle on July 17, 2014 / Posted in Trade MarksWhy should I register my brand as a trademark?A registered trademark: • may put people off using your trademark without your or your clients permission • makes it much easier for you to take legal action against anyone who uses your trade mark without your or your clients permission • allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they use your or your clients trade mark • is your property, meaning it can be sold, franchised or licensed. Dr Jonathan Elms, Institute for [...]Read more
- Posted by Jane Coyle on July 16, 2014 / Posted in Trade MarksBP loses colour green in trademark bid.BP fails again at another attempt to trademark the colour green in Australia. The IP office in Australia found there to be little “convincing evidence” that the customer of petrol would closely link the shade of green (known as Pantone 348C) with the company. The battle began in 1991 where whereby legal action was fought and was ongoing till 2013, with its titan Woolworths, to trademark the colour for its service stations. Colours are hard to trademark as the company would need to [...]Read more
- Posted by Jane Coyle on July 16, 2014 / Posted in Trade MarksApple store layout is granted as a trademark!As of Thursday 10 th July 2014, Apple won the fight for the right to trademark its stores unique layout in Europe in a landmark ruling. After the rejection from the German courts, the matter was referred to the European courts for guidance after an appeal from Apple. It was concluded that the distinctiveness of the Apple stores was enough to warrant a trademark. This ruling further means that the trademark is available in its Germany stores as well as UK stores. The court held that the Apple [...]Read more
- Posted by Jane Coyle on July 16, 2014 / Posted in Trade MarksTrademark “Jack†battle.Actor Richard E Grant has just escaped a trademark battle with one of America’s biggest companies. The name, to no surprise, was the cause of the battle. ‘Jack’, as a brand name, was hard to overcome due to its patriotic reference to the Union Jack. Plus however, each bottle was placed in the sleeve of a Union Jack draw string bag. Aggressive letters were sent to Mr Grant concerning the name and threatened to sue him. The claim was that the name ‘Jack’ was too [...]Read more
- Posted by Jane Coyle on July 16, 2014 / Posted in Trade MarksBudweiser trademark battle!Earlier this month, it was reported that Anheuser-Busch InBev SA, acquired a small brewery in Ceske Budejovice (profoundly called Budweis in German) called Samson. Though Samson held certain geographic-indicator and trademark rights in the term Budweiser , occasionally it opposed Anheuser-Busch’s attempts to register and/or use, in European Jurisdictions, the Budweiser and Bud trademarks. Anheuser-Busch has swallowed, after a long running trademark battle, up one of its rivals and now [...]Read more