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- Posted by Anna Orchard on February 03, 2020 / Posted in Trade MarksYou need to be aware that once you apply for a trade mark and the application is successful, you cannot just use it when you ‘feel like it’.You need to be aware that once you apply for a trade mark and the application is successful, you cannot just use it when you ‘feel like it’. It is important that once you have your trade mark you need to ensure that you are using this effectively (for both UK and EU applications) to prevent revocation. As a result, a mark cannot sit unused for a number of years even though you purchased it. You need to constantly prove your trade mark use. If you fail to do so, [...]Read more
- Posted by Anna Orchard on February 03, 2020 / Posted in Trade MarksTrade mark Genericide is where a trade mark looses its rights of individuality and protection by becoming a common place word. Here a some ways that you can prevent this from happeningOne of the main features of a trade mark is that it is distinctive and unique to your brand. This differentiates you from other competitors in the market. A major concern for all those that hold a trade mark is that it will become a common place term, and loose its distinctive elements. A term that may not commonly be known but vital for the understanding of trade marks is that of Trade Mark Genericide. Trade mark Genericide is where a trade mark looses its rights of [...]Read more
- Posted by Sena Tokel on January 26, 2020 / Posted in Trade MarksUpon registering your trade mark, your protection will last for a period of 10 years from the date in which it was filed.Upon registering your trade mark, your protection will last for a period of 10 years from the date in which it was filed. How to renew your trade mark If you filed your trade mark application independently, you will receive notification from the United Kingdom Intellectual Property Office (UKIPO) sent directly to the address of the owner as stated on the register. If a representative filed an application on your behalf, the notice for renewal will be sent directly to your representatives who [...]Read more
- Posted by Sena Tokel on January 26, 2020 / Posted in Trade MarksThe couple’s trade mark applications have received a notice of threatened opposition in accordance with the United Kingdom Intellectual Property Office (UKIPO).Since the Prince Harry and Meghan Markle’s bombshell announcement of stepping down as royals, many people have been speculating as to whether the couple will successfully be able to register their ‘Sussex Royal’ and ‘The Foundation of the Duke and Duchess of Sussex’ trade mark applications. According to the UKIPO, the couple's ‘Sussex Royal’ application has received a total of 5 Notice of Threatened Oppositions (also known as TM7A’s). This means [...]Read more
- Posted by Sena Tokel on January 19, 2020 / Posted in Trade MarksIn 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). The trade mark application for the Prince Harry and Meghan Markle’s’ charitable foundation ‘Sussex Royal’ and ‘The Foundation of the Duke and Duchess of Sussex UK’ covers a range of goods and services including printed matter, clothing and charitable fundraising services. On the day the couple made the [...]Read more
- Posted by Sena Tokel on January 08, 2020 / Posted in Trade MarksIf you are seeking to register your business as a trade mark, you may be unsure as to what can and cannot be registered as a trade mark.If you are seeking to register your business as a trade mark, you may be unsure as to what can and cannot be registered as a trade mark. In accordance with UK trade mark laws, "a trade mark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings". To sum up, the trade mark you apply for must be unique and can include the following: Words Arguably the most common type of trade mark is a word [...]Read more
- Posted by Sena Tokel on December 15, 2019 / Posted in Trade MarksIn the UK, there are both legal and non-legal ways in which you can challenge someone's trade mark application.In the UK, there are both legal and non-legal ways in which you can challenge someone's trade mark application. You may have recently discovered an application for a trade mark that you feel will cause confusion between your existing business and/or brand but fear not! There are two ways in which you can object: 1.Opposition When a trade mark application passes the examination stage in the UKIPO, there is a two-month period in which other individual’s can oppose the [...]Read more
- Posted by Sena Tokel on December 14, 2019 / Posted in Trade MarksDisney are being accused of trade mark infringement over the use of the trade marked slogan ‘Trust Your Journey’ on their Frozen 2 merchandise.Disney are being accused of trade mark infringement over the use of the trade marked slogan ‘Trust Your Journey’ on their Frozen 2 merchandise. Created by a breast cancer survivor in Nevada USA, the now well-known cancer awareness group registered the slogan as a trade mark with the USPTO in 2007. The complaint, filed by the awareness group to the Nevada Federal Court, claims that the use of the slogan on Disney’s Frozen 2 merchandise including t-shirts, posters and [...]Read more
- Posted by Sena Tokel on December 05, 2019 / Posted in Trade MarksRegistering your brand name and/or logo as a trade mark has a number of benefits for your business and can heighten your Intellectual Property value considerably.Registering your brand name and/or logo as a trade mark has a number of benefits for your business and can heighten your Intellectual Property value considerably. Registering your brand as a trade mark means you’ll be able to: Have protection This means that your trade mark will give you protection over your brand name and/or logo which will prevent any third parties from using your mark to copy or pass off as their own. This in essence, will prevent any potential damage to your [...]Read more
- Posted by Sena Tokel on December 05, 2019 / Posted in Trade MarksIn 2017 sibling owned US brand ‘Herbivorous Butcher’ applied to register ‘The Vegan Butcher’ as a trade mark which was later denied by the USPTO.In 2017 sibling owned US brand ‘Herbivorous Butcher’ applied to register ‘The Vegan Butcher’ as a trade mark which was later denied by the USPTO. The Minneapolis based vegan butcher failed to gain trade mark protection based on the grounds that the mark applied for was ‘merely descriptive’. However, their applications for ‘Meat-Free Meats’, ‘Sister ‘ and ‘Brother Butcher’ were accepted. Similar to the UK, US trade [...]Read more