Blog Archive
- Posted by Jane Coyle on July 30, 2014 / Posted in Trade MarksPrinciple vs Supplemental RegistersThe Supplemental Register is the secondary register of trademarks maintained by the United States Patent and Trademark Office. It was established in 1946 by Subchapter II of the Lanham Act, for the purposes of allowing domestic registration of trademarks which do not meet all of the requirements for registration on the Principal Register, so that the holders of such a mark could register it in another country. This was necessary because under the Paris Convention for the Protection of Industrial [...]Read more
- Posted by Jane Coyle on July 29, 2014 / Posted in Trade MarksScottish Independence – The impact on Intellectual PropertyDespite all the documentation, articles and comment outlining what independence would mean to Scotland, there is only a minor mention of the impact this may have on Intellectual Property. Within the White Paper it is stated that there will be “continuity of the legal framework for protecting IP rights” whilst independence will allow Scotland to provide a “cheaper and simpler” system than the one provided within the UK, which is described as “bureaucratic and [...]Read more
- Posted by Jane Coyle on July 28, 2014 / Posted in Trade MarksHelp! My trademark application has been refused in the UKYour trademark application maybe refused under absolute grounds if it lacks the required distinctiveness to function as a trademark. One way to overcome this is by providing evidence, showing how and where in the UK the mark has been used before the application date, and giving details of turnover in, and amounts spent on promotion of, the goods or services. Evidence to use: samples of packaging of the goods copies of advertisements for the goods or services and/or copies of your own sales [...]Read more
- Posted by Jane Coyle on July 28, 2014 / Posted in Trade MarksHow can I renew my trademark?A trademark lasts for 10 years . To keep your trademark in force you must renew it on the 10th anniversary of the filing date and every 10 years after that. If you renew your trademark yourself it will cost: £200 for one class of goods or services £50 for each extra class You will be written to 3 months before the renewal date. If you filed through an agent- your agent will be written and they will contact you directly . You do not have to renew [...]Read more
- Posted by Jane Coyle on July 25, 2014 / Posted in Trade MarksExpanding your trademark protection abroadAs your business grows…so will your reputation. You’ve protected your trademark in the UK, it’s just as important to protect it abroad. The easiest way to do this is through the CTM trademark system. You can apply to OHIM and it will cover you in the 28 member states. If you want to use your trade mark in countries other than the United Kingdom, you can apply directly to the Trade mark Office in each country. You can use a single application system to apply for an [...]Read more
- Posted by Jane Coyle on July 25, 2014 / Posted in Trade MarksThe importance of brand protection.Following the rise of brand, trade and market competition both domestically and globally, it has never been more important to register intellectual property rights. Brand protection in the UK is regulated by the Trade Mark Act 1994 and provides a basis for registering and opposing trade marks or starting an action. Alternatively a brand might be established by the common law action of passing-off. To register the entity as a trade mark contrary to Section 1 (1) of the Trade Mark Act, it must be [...]Read more
- Posted by Jane Coyle on July 23, 2014 / Posted in Trade MarksHow can I protect my trademark?The most cost effective way of protecting your brand or trademark is through the trademark application process. This is carried out in the country of choice or through particular systems such as OHIM (CTM/EU) or the Madrid Protocol. We advise that you have a full prefiling search and advice report carried out first. This will tell us if: a) you name is available b) is it registrable c) what classes you need d) an opinion as to success. If the report findings are positive then we can file [...]Read more
- Posted by Jane Coyle on July 23, 2014 / Posted in Trade MarksCan I protect my unregistered trademark?The short answer is yes! However it is more difficult to prove than if you have a registered trademark. If you don’t register your trade mark, you may still be able to take action if someone uses your mark without your permission, using the common law action of passing off. To be successful in a passing off action, you must prove that: the mark is yours you have built up a reputation in the mark you have been harmed in some way by the other person’s use of the mark. It [...]Read more
- Posted by Jane Coyle on July 22, 2014 / Posted in Trade MarksDo I need to file a trade mark?The purchasing decisions of consumers are constantly influenced by trademarks. As a business person or corporate executive, it is important to have a solid understanding of why trademarks are so important to effective commerce. In most countries trade mark registration is the quickest and cheapest way to ensure legal exclusivity for the use of your name. In the UK you can get “common law” rights just by using a name in trade BUT (i) it takes a long time to acquire the rights (ii) [...]Read more
- Posted by Jane Coyle on July 18, 2014 / Posted in Trade MarksOpposing a trademark application – TM7a and TM7After a trademark application is granted, it is publicised on IPO’s online journal. Prior to this is a 2 month period in which a third party may contest its registration. This can be furthered to 3 months for a party which files and TM7a form (a ‘Notice of threatened opposition’) within the two months. TM7a forms can only be submitted via IPO online. There is no fee payable with the form itself. Unless you are dedicated to filing an opposition, it is not worth doing so. [...]Read more