Blog Archive
- Posted by Jane Coyle on July 22, 2015 / Posted in Trade MarksUnder the Trade Marks act 1994, there are two sections which contain two separate reasons why a trade mark application may be refused.It is definitely frustrating when you have put a large amount of hard work into something for it to be knocked back. Not all trade mark registration applications succeed and become enforceable. A number, mainly those who have not received legal assistance in their application, are rejected for one reason or another. Under the Trade Marks act 1994, there are two sections which contain two separate reasoning’s why a trade mark application may be refused. A trade mark application can be [...]Read more
- Posted by Jane Coyle on July 21, 2015 / Posted in Trade MarksTrade mark dilution in short is whether the name or logo is recognised as descriptive of a product and no longer a brand.Trade mark dilution explained With Google in the news recently in relation to trade mark dilution, many smaller businesses are wondering what it is all about and whether they need to be worried about it. Trade mark dilution in short is whether the name or logo is recognised as descriptive of a product and no longer a brand. The trademark is synonymous with the product it represents. A key fact when registering a trade mark is distinctiveness therefore when a mark becomes descriptive [...]Read more
- Posted by Jane Coyle on July 21, 2015 / Posted in Trade MarksEvery business has a trademark, whether that is the logo you use or simply your business name; it is a way for a consumer to differentiate you from other businesses.The importance of registering your trade mark In a world where business is everything and consumers have companies fighting for their attention, anything you can do to make your business stand out is a must. Whilst there is a number of ways you, as a business, can do this, registering your trade mark is an effective way of getting noticed. Every business has a trademark, whether that is the logo you use or simply your business name; it is a way for a consumer to differentiate you from [...]Read more
- Posted by Jane Coyle on July 20, 2015 / Posted in Trade MarksUnusual trademark registrations-the possibilities for trade mark registration are endless!The registration of unusual trade marks With intellectual property law being such a fluid subject, the possibilities for trade mark registration are endless. However, of course, there are parameters in which a mark has to stay in to have the ability to be registered. Under section 1 of Trade Mark Act 1994, for a trade mark to be registered it needs to be capable of graphic representation as well as the ability to be distinguish in goods and services. It is clear the requirement for [...]Read more
- Posted by Jane Coyle on July 20, 2015 / Posted in Trade MarksShould I file a UK trademark or an EU Trademark applicationUK Trademark v EU Trademark Trademarks are territorial. If you file your trademark in the UK, you will be protected in the UK only. If now or at some point in the future are planning on expanding your business overseas, then it makes sense to file in the EU. Filing a trademark in the UK It costs £170.00 for one trademark class in the UK and £50.00 for each class above one. Our legal fee is £150.00+VAT (fixed fee) It takes between 3-5 months to obtain a registered UK [...]Read more
- Posted by Jane Coyle on July 20, 2015 / Posted in Trade MarksLouboutin wins trademark case over red solesJudgment decided in Louboutin Trademark case. The Court of Justice of the European Union (CJEU has handed down its judgment in Roland v Louboutin and OHIM . It dismissed the final challenge to Christian Louboutin’s European Trade Mark for the colour red applied to the sole of a shoe. Roland SE, is a manufacturer and distributor of electronic musical instruments and they had originally opposed the trade mark on the basis of the red in its own trade mark. Louboutin’s [...]Read more
- Posted by Jane Coyle on July 17, 2015 / Posted in Trade MarksApple is being sued by the owner of the “iWatch” trademark despite making no reference to the brand explicitlyApple “iWatch” trademark dispute. Apple is being sued by the owner of the “iWatch” trademark despite making no reference to the brand explicitly. The issue stems from Apple using the protected term on search engines in an attempt to direct potential customers to Apple Watch results. Probendi, an Irish software development studio and the owner of the “iWatch” trademark, outlined at the tribunal that: “Apple has systematically used iWatch wording on [...]Read more
- Posted by Jane Coyle on July 17, 2015 / Posted in Trade MarksThe average time to register a Community Trade Mark (CTM) has fallen from 6.3 months to under 5 months for CTMs filed via the standard track systemEU Trademark report from OHIM Facts and Figures Trade Marks The average time to register a Community Trade Mark (CTM) has fallen from 6.3 months to under 5 months for CTMs filed via the standard track system; CTMs filed via the fast track system were registered within four months; The average time for a Trade Mark opposition decision has reduced from 18 weeks to 4.5 weeks since 2010. CTM applications increased by 4.4%; 98% of CTM applications were filed electronically; 25% of CTM [...]Read more
- Posted by Jane Coyle on July 16, 2015 / Posted in Trade MarksTory Burch has won 41.2 million dollars after winning a trademark infringement suitTrademark Infringement Tory Burch has won 41.2 million dollars after winning a trademark infringement suit against Lin & J International Inc. Burch succesfuly argued that they had copied her designs and trademarks. The decision concludes an ongoing dispute between the two brands which began in 2013. Burch sent a representative into the stores of Lin who was shown a variety of ‘knockoffs’. She also "identified a wholesaler in Alabama who pointed to Lin & J as their [...]Read more
- Posted by Jane Coyle on July 16, 2015 / Posted in Trade MarksThe Stars Wars Trademark and Domains. A UK company called Abscissa.com has been forced to give up seven domain names using the words ‘Star Wars’The Stars Wars Trademark and Domains A UK company called Abscissa.com has been forced to give up seven domain names using the words ‘Star Wars’, including starwars.co.uk, after being told to do so by production company Lucasfilm. It concerns domain names that were registered with .uk and .co.uk suffixes. The company in question registered two of the addresses: star-wars.co.uk and starwars.co.uk in 2003. Both sites transferred users to starwars.co.uk, which sold "Star Wars"-themed [...]Read more