Blog Archive
- Posted by Jane Coyle on July 08, 2015 / Posted in Trade MarksThe State of Tennessee recently applied for U.S. trademark registration for a new logo it created with the help of it’s Governor Bill Haslam.The State of Tennessee recently applied for U.S. trademark registration for a new logo it created with the help of it’s Governor Bill Haslam. The new square logo features the white letters TN on a red field above a blue bar. However, the U.S. Patent and trademark office has rejected the application under section 2(e)(2) for being geographically descriptive. In an Office Action issued on 14 June 2015, the USPTO states that “registration is refused because the applied-for mark TN is [...]Read more
- Posted by Jane Coyle on July 08, 2015 / Posted in Trade MarksMost trademark authorities will refuse a trademark application if it is deemed to be immoral (in the UK if it’s deemed contrary to public morality). But surely this is a subjective test?Is your trademark immoral? Most trademark authorities will refuse a trademark application if it is deemed to be immoral (in the UK if it’s deemed contrary to public morality). But surely this is a subjective test? In the US trademark system if a : substantial composite of the general public would perceive the trademark, in context, to have a vulgar meaning, then the mark as a whole consists of scandalous matter and is not registerable. In the EU, the test under Article 7(1)(f) of [...]Read more
- Posted by Jane Coyle on July 08, 2015 / Posted in Trade MarksThe EU trademark application for Zorro has been rejected after being found non distinctive. The trademark was rejected by The Office for Harmonization in the Internal Market (OHIM) who invalidated the application for the Community trademark (CTM)EU Trademark application Zorro The EU trademark application for Zorro has been rejected after being found non distinctive. The trademark was rejected by The Office for Harmonization in the Internal Market (OHIM) who invalidated the application for the Community trademark (CTM) for the term covering entertainment and printed matter. The ruling states that the public/consumer will conjure up the fictional character or story rather than an indicator of brand origin. OHIM stated: “ If [...]Read more
- Posted by Jane Coyle on July 07, 2015 / Posted in Trade MarksWe have listened to our clients and have come up with a new improved website. The website offers a free trademark availability check across the EUProtect your trademark with the Trademarkroom's new website The Trademarkroom has been protecting brands and trademarks nationally and internationally for over 15 years. We have listened to our clients and have come up with a new improved website. The website offers a free trademark availability check across the EU. We can then offer you 3 levels of search reports: UK/EU- a full analysis of the registrability of your mark and a look at similar/identical potentially conflicting marks. [...]Read more
- Posted by Jane Coyle on July 07, 2015 / Posted in Trade MarksA trial will go forward against Amazon.com Inc by a watchmaker, a federal appeals court has ruled. The watchmaker contends that Amazon’s search results can cause confusion for potential customers.Amazon Search Results Confusing? A trial will go forward against Amazon.com Inc by a watchmaker, a federal appeals court has ruled. The watchmaker contends that Amazon’s search results can cause confusion for potential customers. The 9th U.S. Circuit Court of Appeals in San Francisco has this week reversed a lower court ruling. It stated that watchmaker Multi Time Machine Inc. (MTM) is entitled to a trial on the relevant allegations. The confusion lies in the fact [...]Read more
- Posted by Jane Coyle on July 07, 2015 / Posted in Trade MarksSo your trademark is now registered with the USPTO but how to keep it enforce and validRequirements to Maintain a U.S. Trademark So your trademark is now registered with the USPTO. Congratulations, you have now acquired valuable rights in your brand name. But that is not the end of the story. Ownership of a U.S. trademark registration also comes with certain responsibilities should you wish to maintain the status of your mark. The first date to put in your calendar is the §8 Declaration of Continued Use filing between [...]Read more