Blog Archive
- Posted by Jane Coyle on August 24, 2016 / Posted in Trade MarksWith the scope of trade marks expanding all the time, it is essential to ensure that the format in which you want your trade mark to be can in fact be registered.With the scope of trade marks expanding all the time, it is essential to ensure that the format in which you want your trade mark to be can in fact be registered. The traditional format for a trade mark is a word, logo or phrase which directly represents a brand. However there has been growth with more non-traditional trade marks, for example colours. The latest in these unusual trade marks to be considered is smells. No matter its format, for a trade mark to be registered in the UK, it must [...]Read more
- Posted by Jane Coyle on August 24, 2016 / Posted in Trade MarksWhile many people are aware of the most common forms of a registered trade mark, which are a word, phrase or logo, it is relatively unknown that trade marks can expand further.Not only are two dimensional shapes and logos clear for registration but also 3D trade marks also have been accepted as suitable trade marks by the UK Intellectual Property Office. There are also more common than you may think. When reaching for your favourite Coca Cola branded product from your local shop, you are in fact picking up a registered three dimensional mark. The Coca-Cola bottle which is unique in its shape and design was successfully registered as a trade mark in its 3D form. [...]Read more
- Posted by Jane Coyle on August 24, 2016 / Posted in Trade MarksThe widely known optician brand has succeeded in its bid to protect its famous catchphrase, ‘should’ve gone to specsavers’ through the registration of a UK trade mark.The widely known optician brand has succeeded in its bid to protect its famous catchphrase, ‘should’ve gone to specsavers’ through the registration of a UK trade mark. The trade mark application submitted by the brand in July was recently approved by the UK Intellectual Property Office and now enters the period in which any third party oppositions to its registration need to be filed. The application itself centred on the registration of the term ‘should’ve’ [...]Read more
- Posted by Jane Coyle on August 24, 2016 / Posted in Trade MarksWhen you have successfully registered your trade mark, you need to be aware of any potential infringement.When you have successfully registered your trade mark, you need to be aware of any potential infringement. Infringement is any use of your trade mark or one that is confusingly similar by any third party that has not been authorised to do so. Trade mark infringement needs to be taken seriously as it can damage your brand and prevent your business from continuing as you would like. Infringement does not need to occur in the using of another trade mark but it can be from the using of your mark [...]Read more
- Posted by Jane Coyle on August 03, 2016 / Posted in Trade MarksAs a general rule, geographical locations cannot be registered as a trade mark.As a general rule, geographical locations cannot be registered as a trade mark. This is to prevent any monopolies being created over locations that should be free for all to use. This principle is found as part of the Absolute Grounds for Refusal. These can be found in Section 3 of the Trade Marks Act 1994. Geographical locations are specifically prohibited in section 3 (1)(c) which states “trade marks which consist exclusively of signs or indications which may serve, in trade, to [...]Read more
- Posted by Jane Coyle on August 03, 2016 / Posted in Trade MarksWhen you have put your hopes on your trade mark application, it can be disappointing when the outcome is not what you were expecting.When you have put your hopes on your trade mark application, it can be disappointing when the outcome is not what you were expecting. However, all is not lost, your battle for protection is not over. The first thing to do is to talk to the trade mark experts, The Trademarkroom! We will be able to give you more clarity on why your application was not accepted and the next steps you can take to rectify it. If your application was refused due to your mark being too descriptive, you will need to [...]Read more
- Posted by Jane Coyle on August 03, 2016 / Posted in Trade MarksWhile modern trade mark law in the UK has been established for some time, it is relatively unknown that its history was a long and winding road.While trade marks as a concept have been intertwined in civilisation for quite some time, with traders and merchants using unique symbols to indicate their products separate from their competitors, it has only between in the last 200 years that clear rules and guidance has been given. There are a number of key pieces of legislation that carved out exactly what trade marks are today. Merchandise Marks Act 1862- this was the first Act of Parliament that specifically made copying another [...]Read more
- Posted by Jane Coyle on August 03, 2016 / Posted in Trade MarksWhile many businesses start by registering one trade mark, what many people do not know is that you can create a series of trade marks that can give you a higher level of power and protection.While many businesses start by registering one trade mark, what many people do not know is that you can create a series of trade marks that can give you a higher level of power and protection. A series of trade marks is rather self-explanatory, but are a number of different marks that are registered separately but are all linked and therefore collect as a group. For example, if you are the owners of a Florists called Flower Power, you may want to protect your name but also have a unique logo. [...]Read more
- Posted by Jane Coyle on August 03, 2016 / Posted in Trade MarksThere are a number of elements that are essential to creating a successful trade mark. On the flip side, there are a number of things to avoid in order to ensure that your mark is suitable for registration.There are a number of elements that are essential to creating a successful trade mark. On the flip side, there are a number of things to avoid in order to ensure that your mark is suitable for registration. The key elements to avoid is offensive language and the use of any mark that is already registered. However, there is also important elements to avoid that are outlined in section 4 of the Trade Marks Act 1994. The aim of this section is to outline clearly the symbols and emblems that are [...]Read more
- Posted by Jane Coyle on August 02, 2016 / Posted in Trade MarksWhat is it and how can it help you?When looking to register a trade mark, there are a number of elements that could potentially impact you or could be beneficial to you. One of these is the system of trade mark seniority. Trade mark seniority allows an applicant for an EU trade mark to consolidate any earlier national trade mark rights into its EU trade mark application, so as long as the mark and its classes are identical. If a valid seniority claim is granted, it would allow you as a EU trade mark owner to eventually abandon [...]Read more