Blog

• A Trade Mark Application from Start to Finish
  Posted by Anna Orchard on April 13, 2020 / Posted in Trade Marks
  A complete overview of the application process of a trade mark, allowing you to be clear of the process and know what to expect.
  Stage 1- Development  The first stage, may be obvious for some, however you need to firstly establish your brand before you apply for a trademark. You need to be entirely happy with the branding of your mark. This is because your trademark cannot be changed once the application has been made and will be used to represent your brand in years to come. It must be unique and allow customers to identify you over competitors. A mark must be capable of graphical representation, distinctive, [...]
  Read more
• Domain names vs Trade Marks?
  Posted by Anna Orchard on March 30, 2020 / Posted in Trade Marks
  Domains and trade marks easily get confused. There is also a difficulty in deciding which ones should be applied for first.
  When starting a new business there is no need to rush and get everything done on the same day.  You need to ensure that you are prioritising intellectual property when looking to protect the brand you are creating. There is difficulty in understanding what needs to come first: domains or trade marks.  A domain allows people to access and find your brand online. As the world slowly becomes more reliant on online platforms and software, it is ever more important that your brand is [...]
  Read more
• Certification or Collective Trade Marks?
  Posted by Anna Orchard on March 24, 2020 / Posted in Trade Marks
  There are many variations of trade mark applications. When applying for a trade mark you need to ensure you carefully consider your options.
  There are many variations of trade mark applications. When applying for a trade mark you need to ensure you carefully consider your options.  Even though, a standard trade mark application is the most common option filed for, there are other options to consider that may be best for you. These include collective marks and certification marks. Certification marks A certification mark is a specific type of trade mark that indicates to others a level of guarantee that the goods or services [...]
  Read more
• Is It Possible To Sell A Trade Mark?
  Posted by Anna Orchard on March 23, 2020 / Posted in Trade Marks
  What many people don’t realise is that when your business grows so does the financial value of your trade mark.
  What many people don’t realise is that when your business grows so does the financial value of your trade mark. As well as this a trade mark can bring your brand an indication of  quality and reputation to customers. You may find that larger corporations have a vast library of trade marks and intellectual property. As a result, if the company owner was to sell on, the new owner would not only be buying the company assets but also the intellectual property that comes with this. [...]
  Read more
• Acquiring a trade mark or passing off- which process is best for your brand?
  Posted by Anna Orchard on March 09, 2020 / Posted in Trade Marks
  It is a common misconception that you have no way of protecting a trade mark that you haven’t registered…wrong!
  It is a common misconception that you have no way of protecting a trade mark that you haven’t registered. However, as you may not know, you can protect your mark being used by anyone else by a process referred to as passing off. Passing off is a common law action which allows a party to prevent another using a specific mark if they can show they have developed ‘goodwill’. A difficulty lies in quantifying goodwill. This is because levels of goodwill are subjective and [...]
  Read more
• Meghan Markle and Prince Harry set to withdraw Sussex Royal trade mark applications
  Posted by Sena Tokel on February 24, 2020 / Posted in Trade Marks
  In June 2019, the Duke and Duchess of Sussex filed to register their charity brand with the United Kingdom Intellectual Property Office (UKIPO).
  In June 2019, the Duke and Duchess of Sussex filed to register their charity brand with the United Kingdom Intellectual Property Office (UKIPO). Shortly after, on January 19th , it was confirmed that the couple will no longer be retaining their ‘Royal Highness’ titles and will now become entirely financially independent. With this announcement questions were raised as to whether the couple can keep their ‘Sussex Royal’ brand and pending trade mark applications with the [...]
  Read more
• Trade Mark Search: Why is it so important?
  Posted by Anna Orchard on February 11, 2020 / Posted in Trade Marks
  Trade Mark searches are a recommended step. This gives you a heads up as to how your application will be received by the Intellectual Property Office before you take the plunge.
  New businesses have a problem with reputation and goodwill as opposed to fully established businesses. This is an issue if you are faced with brand ‘copy-cats’ as you have not established unregistered rights. As a result, it is best advised that you register your brand before going out into the industry. This will minimise the risk of coming across an identical or highly similar mark. In order to register your brand you need to apply for a trade mark application. This needs to be [...]
  Read more
• Why are classes so important for your trade mark application?
  Posted by Anna Orchard on February 11, 2020 / Posted in Trade Marks
  You need to think carefully when you register a trade mark as to the exact goods and services that your mark will run under. It is impossible to register for every single class type.
  You need to think carefully when you register a trade mark as to the exact goods and services that your mark will run under. It is impossible to register for every single class type. This is because you cannot have a monopoly over your mark name in every class category and prevent the business from expanding and adapting. Goods and services are covered under ‘classes’. These categorises are grouped together for the ease of registration. You can, however, register a number of classes [...]
  Read more
• What are Trade Mark Trolls?
  Posted by Anna Orchard on February 06, 2020 / Posted in Trade Marks
  Trade mark trolls can be a major concern for your marks and brand reputation
  Trade mark villains have been around for some time. These cause a risk for trade marks owners across the world.   A trade mark villain can be seen to be those who attempts to register a mark and then demands payment and threats of litigation to those who have similar or identical marks.   The trolls are known not to use the trade marks however they attempt to register trade  marks that are well known or likely to cause an issue if accepted by an examiner. Some trolls find [...]
  Read more
• Obtaining a Trade Mark Through Acquired Distinctiveness
  Posted by Anna Orchard on February 03, 2020 / Posted in Trade Marks
  One of the main requirements for a successful trade mark application- is that a trade mark is distinctive. A lack of distinctiveness can cause a problem for your trade mark application.
  One of the main requirements for a successful trade mark application- is that a trade mark is distinctive. A lack of distinctiveness can cause a problem for your trade mark application.   A limitation of a trade mark application is that it is extremely subjective. However, an IPO examiner may see your mark to be descriptive of the goods and services that your brand has to offer. For example: if you are looking the trade mark the words Harrys Key Cutting- then this is evidently descriptive [...]
  Read more