Blog Archive
- Posted by Jane Coyle on July 14, 2014 / Posted in Trade MarksCopyright and Fashion: A UK PerspectiveEven though the UK Government adopted the term “creative economy” in 2006, despite it’s economic importance, fashion is still not recognised as on the same level of copyright protection as other industries and therefore is not awarded this same protection. The fashion industry blossoms from copycat designs and seasonal product lifespans, though some question whether this has a need to call upon copyright. Protection for the UK’s creative industries is crucial and [...]Read more
- Posted by Jane Coyle on July 14, 2014 / Posted in Trade MarksIncrease in number of new tobacco trademarksLast year, 650 new trademarks were registered by big tobacco firms. This was a 125% increase on previous years. Tobacco firms now look to protect their business investments due to the vast influx of the electronic cigarette market. Last year 652 trademark registrations were filed in the UK in comparison to 290 in 2012 and just 161 in 2010. Over the last year, tobacco firms have made huge investments in e-cigarettes. In 2012 Lorillard, the third largest cigarette firm in the US invested and [...]Read more
- Posted by Jane Coyle on July 14, 2014 / Posted in Trade MarksWhen to use the ® symbol.The ®symbol, in simple terms, means that your trade mark has been registered. This is not compulsory so if you do not have the symbol on your trademark it does not make it invalid. Some people however, prefer to use RTM (short for Registered Trade mark). Neither is needed due to UK law stating that you do not have to identify that your trademark has been registered. This purely shows that your trade mark has been registered in, or somewhere other than, the UK. The ® symbol is normally [...]Read more
- Posted by Jane Coyle on July 14, 2014 / Posted in Trade MarksTrade marks are signs used in trade to identify products. In the framework of intellectual property law, trade marks are very useful and you really shouldn’t do business without one!In the European Union, Member States have harmonised their trade mark laws and the rules are the same in each EU country. Everywhere in the EU, registered trademarks are legally defined in the same way: ‘A trade mark may consist of any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging, provided that such signs are capable of distinguishing the goods or services of one [...]Read more
- Posted by Jane Coyle on July 11, 2014 / Posted in Trade MarksIs your brand or trademark already registered?If there are other trademarks that: Look the same as (or similar to) yours, for the same (or similar) goods or services, or Sounds the same as (or similar to) yours for the same (or similar) goods or services then you could have a problem! Before you apply to registered your trademark with your chosen trade mark office it is prudent to have a trademark search and advice report carried out first. If you apply the examination office will inform you of such earlier marks as part of the [...]Read more
- Posted by Jane Coyle on July 10, 2014 / Posted in Trade MarksNot all trademarks are capable of being registered. Here are just some of the reasons why your trademark maybe refused.It describes your goods or services or any characteristics of them, for example, marks which show the quality, quantity, purpose, value or geographical origin of your goods or services; It may have become customary in your line of trade; It is not distinctive; It is a three dimensional shape, if the shape is typical of the goods you are interested in (or part of them), has a function or adds value to the goods; Is a protected emblem Is offensive; Is against the law, for example, promoting [...]Read more
- Posted by Jane Coyle on July 10, 2014 / Posted in Trade MarksRegistering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers.If you have a registered trademark you can put the ® symbol next to it to warn others against using it. However, using this symbol for a trademark that is not registered is an offence. A registered trade mark: may put people off using your trade mark without your permission makes it much easier for you to take legal action against anyone who uses your trade mark without your permission allows Trading Standards Officers or Police to bring criminal charges against counterfeiters if they [...]Read more
- Posted by Jane Coyle on July 10, 2014 / Posted in Trade MarksApple’s retail store layout may be registered as a trade mark.The European Union’s highest court says Apple’s characteristic retail store layout may be registered as a trademark. The Court of Justice on Thursday overturned a decision by German patent authorities which last year rejected an application to grant protection to Apple’s store design which consisted of parallel lines of big tables with electronic gadgets spread out on them under a high ceiling. The Luxembourg-based EU Court said a design pattern like Apple’s “may [...]Read more
- Posted by Jane Coyle on July 09, 2014 / Posted in Trade MarksMisfits trademark lawsuitGlen Danzig, founder of The Misfits, has filed a lawsuit against former band mate, Jerry Only, for violating the shared trademark contract, in which they had agreed ownership in 1994 of the MISFITS trademarks for merchandise purposes. Danzig accused Only for insisting to retailers that he is the sole owner of ‘Everything that is Misfit related’ and that he was making deals with merchandisers in 2000; cutting Danzig out of any potential profits from the process. He was selling the [...]Read more
- Posted by Jane Coyle on July 08, 2014 / Posted in Trade MarksIgnoring the warning signs can prove costly – YourView v YouViewThe £100m BT and TalkTalk-backed set-top box venture YouView may be forced to change its name and undergo a costly rebrand after losing a lengthy trademark battle against Cheltenham-based telecoms provider Total. The row dates back to 2010, when YouView applied for its own trademark. Total challenged the application on the basis it had been awarded the trademark relating to YourView months earlier. The minnow emerged victorious from an Intellectual Property Office hearing in 2012 however [...]Read more