Blog Archive
- Posted by Jane Coyle on September 30, 2015 / Posted in Trade MarksAny trade mark search undertaken gives information about existing trade marks and whether your proposal will be effected by these in any way.When a business is looking to register a trade mark, a trade mark search may look like a waste of time and money but the importance will soon show when the letter threatening action of infringement lands in the office. Any trade mark search undertaken gives information about existing trade marks and whether your proposal will be effected by these in any way. These searches come with differing price tags, all offered at The Trademarkroom A free search is available but the information [...]Read more
- Posted by Jane Coyle on September 30, 2015 / Posted in Trade MarksOnce you have developed a stand out mark, your next step is to decide where you should register it.Once you have developed a stand out mark, your next step is to decide where you should register it. The three types of trade mark that can be obtained is a UK trade mark, a Community trade mark and international trade mark protection. Firstly, a UK trade mark can be obtained from the UK Intellectual Property Office. Registering a mark with the UK IPO has a fee of £200 for a basic application. The UK trade mark can only be protected from any infringement made within the UK therefore it [...]Read more
- Posted by Jane Coyle on September 29, 2015 / Posted in Trade MarksWhat happens once I've filed my EU Trademark ApplicationWhat happens once I've filed my EU Trademark Application? Once a trademark application has been filed at OHIM, it goes through a number of stages: 1. Examination- to check that it can be registered 2. Opposition period- this is for 3 months to allow 3rd parties the opportunity to object to your application 3. Registration- if no oppositions have been raised your mark will be automatically registered If you have instructed us to act as your agent, we will keep you informed of the progress of [...]Read more
- Posted by Jane Coyle on September 29, 2015 / Posted in Trade MarksCan my surname be registered as a trademark?Can names be registered as trade marks? The ECJ’s judgment in Case C-404/02, Nichols plc v Registrar of Trade Marks (2004) addressed the distinctive character of common surnames. The Court confirmed that the assessment of the distinctive character of a surname must be carried out according to the specific circumstances of the case, and that (like all other types of marks) the presence or absence of distinctive character depends upon the perception of relevant consumers, having regard to [...]Read more
- Posted by Jane Coyle on September 24, 2015 / Posted in Trade MarksWhen developing your trade mark, there is a number of sections in the Trade Marks Act 1994 that needs to be considered.When developing your trade mark, there is a number of sections in the Trade Marks Act 1994 that needs to be considered. In addition to the absolute and relative grounds for refusal outlined in section 3 and 5, section 4 highlights a number of elements that will be refused if they are part of any mark. The first element considered in the section is flags. It clearly states that any use of a national flag in a misleading or offensive manner will prevent the mark’s registration. [...]Read more
- Posted by Jane Coyle on September 24, 2015 / Posted in Trade MarksAny mark that is successfully registered has the ability to gain protection for an infinite number of years. However any registered mark also can be revoked from the register for a number of reasons.Any mark that is successfully registered has the ability to gain protection for an infinite number of years. However any registered mark also can be revoked from the register for a number of reasons. A key reason for a trade mark revocation is non-use. A registration of a mark creates a monopoly which prevents others entering into certain markets or using certain business brands. It would be unfair to allow this monopoly to go unused for a long period of time. Section 46 of the Trade [...]Read more
- Posted by Jane Coyle on September 24, 2015 / Posted in Trade MarksUnregistered trademark rights v registered trademark rightsUnregistered rights. Your trademark is your brand- maybe your company name, a name you registered at Companies House. Very similar names can be registered at Companies House and setting up a company does not give you a monopoly over that term. You may be able to stop someone using a similar trade mark to yours on their goods and services. This is known as passing off . However it’s harder to prove passing off than it is to defend a registered trademark [...]Read more
- Posted by Jane Coyle on September 23, 2015 / Posted in Trade MarksThis highlights the key elements of UK trade mark law which differs from the rest of the EU member states and makes it unique.Despite the fact that UK trade mark law, contained in the Trade Marks Act 1994, was established to implement the EU Trademarks Directive (2008/95/EC), there is a number of key differences between the UK and the other EU member states. These differences go against the reasons for unified trade mark laws throughout Europe. These key differences include: The law of passing off to protect unregistered rights The dispute resolution service which applies to ‘.uk’ domain names [...]Read more
- Posted by Waheedan Jariwalla on September 23, 2015 / Posted in Trade MarksIn it’s Notice of Opposition, Anheuser-Busch claims that it “sold millions of dollars’ worth of, and spent millions of dollars advertising and promoting, its beerBudweiser is known in the marketplace as the quintessential all American beer, so much so that it has dubbed itself the “King of Beer.” It’s no surprise that this “King” has an issue with the new “Queen” on the scene. On 19 August 2015, Anheuser-Busch, LLC filed an opposition against a trademark application for the mark THE QUEEN OF BEER, applied for by the SHE Beverage Company in December 2014. “The Queen of Beer” began launching sales at [...]Read more
- Posted by Jane Coyle on September 22, 2015 / Posted in Trade MarksHow to Protect Your Brand; Affordable Trademarks for Start-upsAffordable Trademarks for Start-ups There are so many things to think about when setting up a new business and whilst trademarks should be one of them it’s often a neglected aspect. Why protecting your brand at the start of your business venture is so important: It’s unlikely that you will have built up sufficient reputation or goodwill will to rely on unregistered rights in the event of trademark infringement (a third party using your brand without your consent). Without a [...]Read more