Blog Archive
- Posted by Jane Coyle on September 14, 2015 / Posted in Trade MarksDecisions have now been finalised by the European Council in relation to the reform of trade mark law in the EU.Decisions have now been finalised by the European Council in relation to the reform of trade mark law in the EU. The key changes include a revised version of the Community Trade Mark Regulation renamed as the European Union Trade Mark Regulation (EUTM). In addition a new Trade Mark Directive has been developed and will be implemented into all EU member states. The Office of Harmonization in the Internal Market (OHIM) also has been renamed to the European Union Intellectual Property [...]Read more
- Posted by Jane Coyle on September 14, 2015 / Posted in Trade MarksUK v EU Trademark ApplicationUK v EU Trademark Application UK Trademark Application Applying for a trademark in the UK will protect your brand in the UK only. This is adequate if you are only selling your goods and or services in the UK. We advise a UK Trademark Search and advice report which will cost £50.00+VAT. If the results look good we can file a UK Trademark Application for you. Our legal fee to file a UK trade mark is £150.00+VAT. The UKIPO will charge you £170.00 NIL VAT and £50.00 [...]Read more
- Posted by Waheedan Jariwalla on September 14, 2015 / Posted in Trade MarksAlthough you may be using a certain logo as your mark in the course of U.S. trade, federal registration is not automatically guaranteed.Although you may be using a certain logo as your mark in the course of U.S. trade, federal registration is not automatically guaranteed. Your mark must be scrutinized and evaluated to ensure that it meets all requirements for U.S. registration. If your mark contains the flag of a country, you may not be entitled to registration. If your design includes a true representation of the flag of the United States, any state, municipality, or foreign nation, or is a simulation thereof, [...]Read more
- Posted by Jane Coyle on September 14, 2015 / Posted in Trade MarksTrade Marks……….. Why Bother? Reasons to protect your brand with a trademarkTrade Marks……….. Why Bother? Trade Mark protection is perhaps one of the most misunderstood legal rights that exists. If I was to approach coca cola and ask to buy all their factories, their stock, their vehicles and all of their equipment, it would cost me approximately £20 Billion. However, if I was to approach the company with a view to purchase the name, nothing more, just the name Coca Cola, it would cost me in excess of £140 billion. [...]Read more
- Posted by Jane Coyle on September 11, 2015 / Posted in Trade MarksHow long until my trade mark is registered?How long until the trade mark is registered? Unfortunately we have a limited control over the processing times of applications but we do make every effort to respond promptly to the various registration stages whilst updating you regularly on progress. However for guidance the following times have been set out for your information. Much will depend upon the progress of the Mark by the registry concerned: UK IPO approximately 4-6 months US Patent and Trade Mark Office approximately 18 [...]Read more
- Posted by Jane Coyle on September 11, 2015 / Posted in Trade MarksTrademark infringement caseTrademark infringement case Costco facing penalties over Tiffany trademark Costco wholesale has intentionally infringed Tiffany & Co.’s trademarks by selling counterfeit diamond engagement rings bearing the luxury retailer’s name and must face a jury trial to assess damages. Judge Laura Taylor Swain rejected claims by Costco that Tiffany’s trademarks were invalid because they sought to prevent others from using the word Tiffany as a generic description of a [...]Read more
- Posted by Waheedan Jariwalla on September 10, 2015 / Posted in Trade MarksJust because you are using a mark in the course of trade does not automatically entitle it to federal registered trademark protection in the U.S.A.Just because you are using a mark in the course of trade does not automatically entitle it to federal registered trademark protection in the U.S.A. There are many types of marks which are not eligible for registration. If a mark is considered “immoral or scandalous” it is banned from registration under Section 2(a) of the Trademark Act, 15 U.S.C. §1052(a). Although the words “immoral” and “scandalous” may have slightly different meanings, case law [...]Read more
- Posted by Jane Coyle on September 10, 2015 / Posted in Trade MarksWhere should I file my trademark application?How do I get a trademark? You've worked hard to establish a brand and you love the name of your product/service or company. You carried out checks to make sure that it's available (trademark search and advice report) and now you want to a trademark application. The Trademarkroom can carry this out for you anywhere in the world. Your first decision is where to file. Trademarks are territorial and you gain protection in the area where you file. So if you file a UK Trademark you [...]Read more
- Posted by Jane Coyle on September 10, 2015 / Posted in Trade MarksI've got my brand, now how do I protect it? Guide to TrademarksHow do I get a trademark? You've worked hard to establish a brand and you love the name of your product/service or company. You carried out checks to make sure that it's available (trademark search and advice report) and now you want to a trademark application. The Trademarkroom can carry this out for you anywhere in the world. Your first decision is where to file. Trademarks are territorial and you gain protection in the area where you file. So if you file a UK Trademark you [...]Read more
- Posted by Jane Coyle on September 09, 2015 / Posted in Trade MarksAirbnb’s logo found in decades-old trademark bookAirbnb’s logo found in decades-old trademark book Airbnb is a website for people to list, find, and rent lodging. With over 1,500,000 listings in 34,000 cities and 190 countries it is a very popular option among travellers with the company worth of $20 billion. However despite the company’s good fortune their trademark was recently discovered to have already been discovered by someone else decades ago. The original logo was designed by Akisato Ueda for a Japanese drive-in called [...]Read more