Blog Archive

EU Trademark Costs
Posted by Jane Coyle on July 24, 2015 / Posted in Trade Marks
How much does it cost to file an EU Trademark (CTM)
If you are using your trademark overseas then it makes sense to file an EU Trademark application or CTM (Community Trademark) There are 2 sets of fees invovled: 1. Our legal fee is £300.00+VAT. This is fixed fee. Extra classes or filing with a logo will NOT cost you more in terms of legal fees. 2. OHIM will charge you 900 Euro for up to 3 classes and 150 Euro for each class above one. If your trademark consists of a word and device (logo) then you can [...]
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What can and cannot be included in your trademark
Posted by Jane Coyle on July 23, 2015 / Posted in Trade Marks
A trade mark is in the majority of cases, in the form of one of three types. A trade mark can be a symbol or logo containing just pictures, the mark can be solely word based or it can be a combination of both pictures and words.
What cannot be included in a trade mark under section 4? A trade mark is in the majority of cases, in the form of one of three types. A trade mark can be a symbol or logo containing just pictures, the mark can be solely word based or it can be a combination of both pictures and words. However, there is not a free reign over what can be included. Under the Trade Mark Act 1994, section 4 outlines a number of signs that cannot be registered and will be refused under the absolute [...]
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Why do a trademark search?
Posted by Jane Coyle on July 23, 2015 / Posted in Trade Marks
A trademark search is a vital part of the process. It is through the searching process that we can reveal whether your proposed trademark is capable of registration.
Why do a trademark search? A trademark search is a vital part of the process. It is through the searching process that we can reveal whether your proposed trademark is capable of registration. The raison d'etre of the search is to ascertain whether or not there exists an identical or similar trademark or brand registered in the same or dissimilar classes that you seek protection in. If you do not carry out a trademark search then you are applying for a trademark 'blind' and significantly [...]
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Non Use of a Trademark
Posted by Jane Coyle on July 23, 2015 / Posted in Trade Marks
Once a trade mark is registered, it has the ability to last for an infinite numbers of years, if an application for renewal is filed before its expiry period of ten years
Non Use of a Trademark Once a trade mark is registered, it has the ability to last for an infinite numbers of years, if an application for renewal is filed before its expiry period of ten years. However, for a number of reasons, a trade mark can be revoked from registration therefore leaving it open for another party to register it. The main reason why a trade mark would be revoked is non-use. As trade marks are such commercial assets, demand for certain marks are high, therefore it is not [...]
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Flags in U.S. Trademarks
Posted by Waheedan Jariwalla on July 22, 2015 / Posted in Trade Marks
Contrary to popular belief, not just any mark can be registered as a trademark
Contrary to popular belief, not just any mark can be registered as a trademark. All elements of a mark must be carefully evaluated to determine whether the overall mark is capable of registered trademark protection in the USA. For example, a mark will be refused under §2(b) if the design sought to be registered includes a true representation of the flag of the United States, any state, municipality, or foreign nation, or is a simulation thereof. A refusal will be issued if the [...]
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What happens if I don't use my registered trademark?
Posted by Jane Coyle on July 22, 2015 / Posted in Trade Marks
For a number of reasons, a trade mark can be revoked from registration therefore leaving it open for another party to register it.
What happens if I don't use my registered trademark? Once a trade mark is registered, it has the ability to last for an infinite numbers of years, if an application for renewal is filed before its expiry period of ten years. However, for a number of reasons, a trade mark can be revoked from registration therefore leaving it open for another party to register it. The main reason why a trade mark would be revoked is non-use. As trade marks are such commercial assets, demand for certain marks are [...]
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Decisions, Divisions and Appeals at the Office for Harmonisation in the Internal Market
Posted by Jane Coyle on July 22, 2015 / Posted in Trade Marks
A brief look at the decision and appeal process at the Office for Harmonisation in the Internal Market
In a reform of the EU Trade Mark Directive (2008/95/EC) the Office for Harmonisation in the Internal Market is set to be re-named as the European Union Intellectual Property Office. The Office for Harmonisation in the Internal Market (OHIM) is located in Madrid, Spain, nevertheless how does it make its decisions? At OHIM various divisions can be found such as the Opposition Division, Cancellation Division and the Administration of Trade Marks and Legal Division. The Opposition Division [...]
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Why register a trademark
Posted by Jane Coyle on July 22, 2015 / Posted in Trade Marks
Is that trade mark yours? The best way to ensure the mark and its reputation remains yours is through a process of trade mark registration with the Intellectual Property Office.
WHY WOULD YOU NOT So you have created a trade mark and it captures the essence of your product or service. It defines not only the provenance but the quality of your business and it is making great strides in defining your reputation within the market. Is that trade mark yours? The best way to ensure the mark and its reputation remains yours is through a process of trade mark registration with the Intellectual Property Office. Unlike other branches of intellectual property, such as copyright, [...]
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Brand or Trademark?
Posted by Jane Coyle on July 22, 2015 / Posted in Trade Marks
You file for a trademark in the UK via the UK Intellectual Property Office.
We are often asked to Patent or Copyright a trademark or brand. Both a brand and a trade mark reference are correct but you cannot patent a name or copyright a name. The former protects an invention the latter ( amongst other things) a literary work (The Exxon case) You file for a trademark in the UK via the UK Intellectual Property Office. Both trade marks and brands mean the same thing. Its an indicator of origin. It tells the consumer that "I made this" and "hands off". Its [...]
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How to get a geographical trademark registered
Posted by Jane Coyle on July 22, 2015 / Posted in Trade Marks
As a general rule, geographical names cannot be registered as trade marks. This is due to the need for them to be free for all to use.
As a general rule, geographical names cannot be registered as trade marks. This is due to the need for them to be free for all to use. To allow someone to create a monopoly over the name of a city would have an unfair effect on numerous businesses in the area. This is the reason why a sign containing a geographical origin is refused under the absolute grounds for refusal contained in section 3 of the Trade Marks Act 1994 However, a way to get round this has developed and was highlighted [...]
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