Blog Archive

International trade mark protection
Posted by Jane Coyle on August 28, 2015 / Posted in Trade Marks
In addition to trade mark protection in just the UK or throughout the EU, you can gain the monopoly over your mark throughout the world.
In addition to trade mark protection in just the UK or throughout the EU, you can gain the monopoly over your mark throughout the world. International protection is actioned through the Madrid Protocol which is an agreement signed by many countries across the world and is controlled by the World Intellectual Property Organisation based in Switzerland. A key provision in relation to international protection is that it is based on an existing trade mark registration in a member country. [...]
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A professional poker player has appeared on a trade mark application
Posted by Jane Coyle on August 28, 2015 / Posted in News
Blitz NV has filed a trade mark application in the US consisting of Dan Bilzerian’s portrait.
Dan Bilzerian is a professional poker player, actor and social media personality. His Instagram account shows pictures of him with assault rifles, women in bikinis and even sat on a throne next to a lion! However, Dan Bilzerian is not limited to Instagram; he appears on Facebook, Twitter and even on a trade mark application. On the 19 th June 2015 a trade mark application was filed in the US by Blitz NV for clothing, footwear and headgear (serial number 86668895). The description of the trade [...]
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Filing trade marks in the UK
Posted by Jane Coyle on August 28, 2015 / Posted in Trade Marks
We can file your UK Trademark Application with the UK IPO
All being well with the search results and advice we will file at the UK IPO. Although the UK IPO registration process takes roughly 4 months, a registered trade mark dates from the day you file the application. We typically file within 24 hours. The UK IPO Examiner will not refuse a trade mark registration because of any previous trade mark. What s/he will do is ‘notify’ the owners of similary confusing marks, who must file an ‘Opposition’. If an [...]
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Trademarkroom is your solution
Posted by Jane Coyle on August 27, 2015 / Posted in Trade Marks
When any business is expanding their Intellectual property, whether they are new to their industry or well established, they are looking for the best advice and the experts to lead them through.
When any business is expanding their Intellectual property, whether they are new to their industry or well established, they are looking for the best advice and the experts to lead them through. Trademarkroom is just that. With over 15 years’ experience under our belts and the accolade of being one of the longest serving trade mark specialist companies in the UK, trademarkroom can support and develop your trade mark application, leaving you safe in the knowledge that you are in the best [...]
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How long does my trademark last?
Posted by Jane Coyle on August 26, 2015 / Posted in Trade Marks
How long does my trademark last? To keep your trade mark in force, you must renew it on the 10th anniversary of the filing date and every 10 years after that.
How long does my trademark last? A trademark can last for 10 years. Renewing your trade mark To keep your trade mark in force, you must renew it on the 10th anniversary of the filing date and every 10 years after that. There is no limit to how long you can keep your mark registered. You may choose not to renew it, or voluntarily surrender it at any time. You can renew your registration up to 6 months before the renewal date. If we have been instructed to act as [...]
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Trade mark assignment and licensing
Posted by Jane Coyle on August 26, 2015 / Posted in Trade Marks
A look at the assignment or licensing of the intellectual property rights found in a registered trade mark.
The Trade Mark Act 1994 provides that a registered trade mark is an item of personal property, as such it is possible to assign or licence the intellectual property rights found in the registered trade mark. Assignment of a trade mark can be for some or all of the goods or services for which the mark is registered, or for use in a particular manner, or a particular locality. It should be noted that is not effective unless it is in writing and signed by or on behalf of the owner of the trade [...]
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Trade mark invalidation
Posted by Jane Coyle on August 26, 2015 / Posted in Trade Marks
After a trade mark has been registered, it can still come up against problems. A mark can be ruled as invalid, meaning it will be removed from the register.
After a trade mark has been registered, it can still come up against problems. A mark can be ruled as invalid, meaning it will be removed from the register. Anyone can make a claim of trade mark invalidation for a number of reasons. The key reasons for which a mark will be seen as invalid are in line with the registration guidelines set out in sections 3 and 5 of the Trade Marks Act 1994, the absolute and relative grounds for refusal. However these are adapted slightly and outlined in section [...]
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The use of trade mark symbols
Posted by Jane Coyle on August 25, 2015 / Posted in Trade Marks
Many brand owners can be confused as to whether they need or should use a symbol to indicate their trade mark.
Many brand owners can be confused as to whether they need or should use a symbol to indicate their trade mark. Some symbols can be used whether the mark is registered or not but be clear about what the symbol represents. One of the most recognised symbol used to indicate marks is ®. It is not essential to use this symbol, but you can to show that your mark is registered. The mark does not have to be registered in the UK but it has to be registered as a trade mark in a country [...]
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Can I register my company name as a trademark?
Posted by Jane Coyle on August 25, 2015 / Posted in Trade Marks
It is possible for your company name to be registered as a trademark subject to its being accepted by the UK IPO.
Can I register my company name as a trademark? Yes, it is possible for your company name to be registered as a trade mark subject to its being accepted by the UK IPO. However beware- just because your name is registered at Companies House- it doesn’t mean it will be accepted as a registered trademark. A trade mark is a sign which can distinguish your goods and services from those of your competitors so can be for example words, logos or a combination of both. Trade marks cannot be [...]
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What is passing off?
Posted by Jane Coyle on August 24, 2015 / Posted in Trade Marks
If you discover that somebody is using your brand, but you have not registered is as a trade mark then all is not lost.
If you discover that somebody is using your brand, but you have not registered is as a trade mark then all is not lost. Passing off is a common law action that allows a mark that has not been registered to be protected by law if it has gained a reputation with consumers. This allows you to stop others using your mark on goods or services without permission There has been tests developed through the courts to succeed in a case of passing off. To be successful, you must prove that: The [...]
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