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- Posted by TMR TMR on December 04, 2020 / Posted in Trade MarksIt has been revealed by a US district court judge that almost two years after the release of interactive episode, Black Mirror: Bandersnatch, released 28th December 2018, Netflix has reached an undisclosed settlement with plaintiff Chooseco LLC.It has been revealed by a US district court judge that almost two years after the release of interactive episode, Black Mirror: Bandersnatch, released 28 th December 2018, Netflix has reached an undisclosed settlement with plaintiff Chooseco LLC. Chooseco are the current owners of the trade mark ‘Choose Your Own Adventure’, having sold 265 million books branded under the name since it began using it in the 1980s. Subsequently, 20 th Century Fox have an exclusive options contract [...]Read more
- Posted by TMR TMR on December 04, 2020 / Posted in Trade MarksPsychics Claire Stone and Alexandra Wenman are due to appear in the High Court following a dispute to the rights to teach ‘Archangel Alchemy’ courses.Psychics Claire Stone and Alexandra Wenman are due to appear in the High Court following a dispute to the rights to teach ‘Archangel Alchemy’ courses. Stone, of Merseyside, boasts a career as ‘psychic to the stars’, having appeared on television providing readings to celebrities including reality TV star Dani Dyer, as well as lending her skills to writing best-selling spiritual book ‘The Female Archangels’. In July, she began teaching online [...]Read more
- Posted by TMR TMR on November 27, 2020 / Posted in Trade MarksAs the COVID-19 pandemic has changed so many aspects of everyday life that many of us could never have imagined a year ago, some individuals and brands are seeking to cash in on the crisisAs the COVID-19 pandemic has changed so many aspects of everyday life that many of us could never have imagined a year ago, some individuals and brands are seeking to cash in on the crisis by means of the most popular fashion accessory of 2020: the face mask. Since the lockdown restrictions began easing in July of this year, face masks have become mandatory in the UK in many indoor public spaces and on public transport. Initially intended solely as a preventative measure in attempt to reduce [...]Read more
- Posted by TMR TMR on November 24, 2020 / Posted in Trade MarksThe European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton.The European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton. Part of the Swiss Swatch group since 2007, Hamilton International filed to trade mark ‘Hamilton’ in the European Union, hence granting them exclusive use of the name brand on accessories, including watches, across Europe. Hamilton International, prior to being bought [...]Read more
- Posted by Anna Orchard on November 18, 2020 / Posted in Trade MarksThere are also a number of non-essential requirements for filing a trade mark application that need to be considered.As explored in Part 1 of this 2 Part article we looked at the essential requirements for filing a trade mark. There are also a number of non-essential requirements for filing a trade mark application that need to be considered. 1- Use or bona fide intention to use As noted in section 32(3)- every application needs to be filed in good faith and the registered owner has a bona fide intention to use the Mark within the relevant goods and services. To file against this [...]Read more
- Posted by Anna Orchard on October 27, 2020 / Posted in Trade MarksIf you are thinking of setting up and registering your brand for a trade mark then there is a preliminary check that you need before you start the process.If you are thinking of setting up and registering your brand for a trade mark then there is a preliminary check that you need before you start the process. In this article we will explore the essential requirements needed for an application under the UKIPO. Under section 32(2) of the Trade Marks Act 1994, the essential requirements for filing are set out. Once all the details are met then a filing date can be issues against the Mark. Request for registration of a Trade Mark. [...]Read more
- Posted by TMR TMR on September 25, 2020 / Posted in Trade MarksAmongst the uncertainty as a result of the Covid-19 pandemic, small businesses were sure to take a hit of the repercussions-trade marks may be the best optionAmongst the uncertainty as a result of the Covid-19 pandemic, small businesses were sure to take a hit of the repercussions. In the third quarter of 2020, confidence is slowly rising, however what about all the businesses which are starting up now? Or the ones which wish to rebrand? This short guide can help you assess the value of a trade mark for those circumstances. Symbol of identity: - The name, logo, phrase or symbol which you chose to represent your business will be a huge [...]Read more
- Posted by Sena Tokel on September 25, 2020 / Posted in Trade MarksArgentinian footballer Lionel Messi has prevailed in a lengthy trade mark dispute to register his name.Argentinian footballer Lionel Messi has prevailed in a lengthy trade mark dispute to register his name. The footballer first applied to trade mark his surname ‘Messi’ as a logo under sportswear and footwear equipment in 2011. The logo application which consisted of an emblem with the letter ‘M’ and the footballer’s name ‘Messi’ underneath, was soon opposed by Spanish cycling brand ‘Massi’, who argued that the footballer’s logo mark [...]Read more
- Posted by Sena Tokel on September 04, 2020 / Posted in Trade MarksPrior to filing a trade mark application, one of the first recommended steps is to carry out a trade mark search.Prior to filing a trade mark application, one of the first recommended steps is to carry out a trade mark search. A trade mark search is of fundamental importance as it explores the current trade marks on the databases and aims to determine whether your application could face any challenges during the registration process. One of the common challenges that individuals and businesses face when filing for a trade mark application is finding out that a highly similar or identical trade mark [...]Read more
- Posted by Ellis Sweetenham on August 21, 2020 / Posted in Trade MarksA tool that can be used if a dispute arises, a co-existence agreement can save the hassle of taking a dispute through the official routes.A coexistence agreement is between two or more parties and allows them to use an identical or similar mark for different goods and exist together happily without any disputes. If you are looking to register a mark that is similar or identical to one that is already registered, then think again. Without any contact or negotiation with the existing trade mark owner, they will not allow their mark to be infringed. However if you make it clear that you will only trade in one area and not step [...]Read more