Blog Archive
- Posted by Jane Coyle on July 31, 2015 / Posted in Trade MarksThere are a number of reasons that a trade mark may be removed from the register.Community and UK trade marks once registered, need to be renewed every ten years to remain on the register. Thus in theory a trade mark can remain on the register indefinitely, proving to be a valuable asset to any brand or business. Removal from the register may be voluntary or at the instigation of a third party or the registrar. If a Community or UK trade mark is not renewed on its tenth anniversary of its filing date it will be removed from the register. If we are your agent, [...]Read more
- Posted by Jane Coyle on July 31, 2015 / Posted in Trade MarksThere are a number of other firms around that can complete your application but this article will outline some key reasons why you will have the best success and experience if you instruct trademarkroom.You may be wondering why you should choose trademarkroom to take forward your application for a trade mark. There are a number of other firms around that can complete your application but this article will outline some key reasons why you will have the best success and experience if you instruct trademarkroom. Trademarkroom has been operating since 1999, meaning we pride ourselves on being one of the longest established trade mark specialist companies in the UK. When you instruct [...]Read more
- Posted by Jane Coyle on July 30, 2015 / Posted in Trade MarksIs it possible to register a geographical name as a trade mark?Section 3(1)(c) of the Trade Mark Act 1994 provides that trade marks that consist exclusively of signs or indicators which may serve, in trade, to designate the...geographical origin..or other characteristics of the goods or services shall not be registered. The case of Windsurfing Chiemsee Produktions v Huber (Joined Cases C-108 and 109/97) [2000] Ch. 523 provides guidance on the registration of geographical place names. In this case the applicant attempted to register the word [...]Read more
- Posted by Jane Coyle on July 30, 2015 / Posted in Trade MarksA defence in law is a lawful excuse to commit an act that would normally be prohibited.A defence in law is a lawful excuse to commit an act that would normally be prohibited. There are a number of defences to trade mark infringement outlined in section 11 of the Trade Marks Act 1994 which can allow a party to prevent prosecution where it may have looked originally like they had infringed a registered trade mark. The majority of these defences, however, are subject to honest practices meaning the party cannot act in a way that is detrimental to the registered trade [...]Read more
- Posted by Jane Coyle on July 29, 2015 / Posted in Trade MarksAfter a trade mark has been registered, the owner gains the right to protect their brand. Therefore, they can submit a case of trade mark infringement if they believe another party is using their trade mark for their own gain.After a trade mark has been registered, the owner gains the right to protect their brand. Therefore, they can submit a case of trade mark infringement if they believe another party is using their trade mark for their own gain. Section 10 of the Trade Marks Act 1994 outlines the grounds for infringement of registered trade marks. If a party believes there has been copying of their unregistered trade mark then they can proceed through passing off to make a claim but this can be expensive [...]Read more
- Posted by Jane Coyle on July 28, 2015 / Posted in Trade MarksA look into the doctrine of exhaustion of rights in relation to trade marks within the European Union.Article 7(1) of the Trade Mark Directive (2008/95/EC) provides that a trade mark proprietor cannot prohibit the use of the trade mark in relation to goods put on the market in the European Community under that trade mark by him or with his consent. This is the foundation for the Doctrine of Exhaustion of Rights. The doctrine entails that once a trade mark proprietor has put the goods on the market the intellectual property rights are said to have been exhausted. This prevents the proprietor [...]Read more
- Posted by Jane Coyle on July 28, 2015 / Posted in Trade MarksAll trademarks are classified by the goods and services on offerEvery registered trade mark or those submitted for an application for registration has to be attached to a class of goods or services. This allows marks to be organized correctly as well as highlighting whether the same mark registered for two different types of goods is enough to warrant infringement or whether the goods are different enough to not have an effect. The Trade Marks Act 1994 clearly states that a mark has to distinguish goods and services. Classifying a mark in relation to [...]Read more
- Posted by Jane Coyle on July 27, 2015 / Posted in Trade MarksRegister a trademark with Trademarkroom- the easy way to register a trademarkFiling a trademark Filing a trademark can be complicated if you don't know what you are doing! Let the Trademarkroom take the stress out of filing a trademark application. We will conduct either a free identical trademark search for you OR for peace of mind you can order one of unique trademark reports. This will tell you about the level of risk in filing a trademark and whether or not you should proceed. Once the trademark checks have been completed we will confirm with you that [...]Read more
- Posted by Jane Coyle on July 24, 2015 / Posted in Trade MarksFree Trademark Availability Check v Trademark advice reportMany Trademark websites now offer free searches but what are they actually telling us? Our own search facility checks availabillity in seconds but it only gives limited information. Other sites do give more but it's not particulary helpful if you have to wade through pages of online results. You want someone to analysie the information for you. Once you have carried out your trademark check you can order our bespoke trademark search and advice report. We have a range of 3 reports depending on [...]Read more
- Posted by Jane Coyle on July 24, 2015 / Posted in Trade MarksIn British law, trade marks have had a long history with many statute changes leading up to the 1994 Trade Marks Act we have todayA brief history of trade marks in the UK The concept of trade marks is steeped through history with evidence dating back to Ancient Egypt where craftsman would stamp a unique design in their goods so customers could distinguish them from others. In British law, trade marks have had a long history with many statute changes leading up to the 1994 Trade Marks Act we have today. The first piece of legislation that concerned trade marks was the Merchandise Marks Act in 1862 which made it [...]Read more