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- Posted by TMR TMR on July 18, 2019 / Posted in Trade MarksIn the UK, there is no specific law dedicated to image rights for individuals.In the UK, there is no specific law dedicated to image rights for individuals. As such, registered trademarks could be considered of rather limited utility in dealing with ones image. However some aspects of UK trade mark laws can potentially be utilized and applied to protect some commercial aspects of an individuals persona, which in essence, could have much relation to their image. In certain circumstances, personalities may move beyond endorsement to use their own name or image as the [...]Read more
- Posted by TMR TMR on July 18, 2019 / Posted in Trade MarksA trade mark search is one of the most crucial steps in the trade mark registration process.A trade mark search is one of the most crucial steps in the trade mark registration process. Carrying out a search prior to applying for your proposed mark can have a huge impact on minimizing the level of risk of refusal. Doing this search could also give you an indication as to whether your proposed mark already exists, and whether it is owned by someone else. A trade mark search is available in a number of different forms - ultimately, this will save you expenses and time in the long run [...]Read more
- Posted by TMR TMR on July 11, 2019 / Posted in Trade MarksBefore you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark.Before you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark. These goods and services are divided into 45 classes which you can find using a classification system. Classes 1 – 34 are generally used for products, whereas classes 35 to 45 are used to identify services. Each class does not always include all that can be covered but will give you a general indication as to what it can [...]Read more
- Posted by TMR TMR on July 11, 2019 / Posted in Trade MarksA trade mark can last forever, as long as you renew it.Renewing your trade mark is a fundamental process to keep full protection of your registered mark. Once your mark has been registered, it will have protection for 10 years from the date in which it was filed. Following its renewal, you will have protection for your mark for an additional 10 years thereafter. As long as you remember to renew your mark every decade, you will continue to maintain your protection indefinitely. You can apply to renew your trade mark 6 months prior to its expiration [...]Read more
- Posted by TMR TMR on July 11, 2019 / Posted in Trade MarksThere are several fundamental factors to keep in mind when applying to register your trade mark. Below is a list of things to focus on and things to avoid when making your application.DO’s Do some prior research One of the first steps you should consider is carrying out some thorough research – the more research, the better. It is crucial to ensure that your proposed mark will help you achieve your business goals whilst not infringing someone else’s mark. As such, you may wish to first research whether your proposed mark already exists. The best way to do this is to ask an expert or search the trade mark database of the jurisdiction you wish to [...]Read more
- Posted by TMR TMR on June 27, 2019 / Posted in Trade MarksIt’s a common misconception that once you have registered your mark, you are fully covered.It’s a common misconception that once you have registered your mark, you are fully covered. However, another company could still apply for a trade mark that is either highly similar or even identical to yours. A trade mark watch service could heighten your protection extensively by giving you the option to oppose. What is a trade mark watch service? Trade mark watching is a process completed by the trade mark owner, or someone on their behalf, in which any action taken by a third party [...]Read more
- Posted by TMR TMR on June 17, 2019 / Posted in Trade MarksOpting for a descriptive brand name may seem like a beneficial choice for your business as you can give your customers an indication of what your business does.Opting for a descriptive brand name may seem like a beneficial choice for your business as you can give your customers an indication of what your business does. If you are planning on trade marking your brands name that describes what you do, you may want to think again. This is because one of the first things an examiner looks at when considering your trade mark application is whether your proposed mark is descriptive of the goods and/or services under the Absolute Grounds for Refusal. [...]Read more
- Posted by TMR TMR on June 14, 2019 / Posted in Trade MarksDomain names and trademarks can usually be perceived as going hand in hand; however, they are two entirely different ways to protect your businesses brand.Domain names and trademarks can usually be perceived as going hand in hand; however, they are two entirely different ways to protect your businesses brand. A domain name is an internet address e.g., www.trademarkroom.com whereas a trademark is any word, symbol or logo registered with an Intellectual Property Office and is capable of distinguishing the goods or services of one undertaking from those of other undertakings. Contrary to the common misconception, simply registering a domain name [...]Read more
- Posted by TMR TMR on June 06, 2019 / Posted in Trade MarksPortland-based US coffeehouse Coffee by Design has filed a trademark infringement suit against its competitor in Utah for the imitation of its CBD initialed branding.Portland-based US coffeehouse Coffee by Design has filed a trademark infringement suit against its competitor in Utah for the imitation of its CBD initialed branding. The complaint, filed in the US District Court for the District of Maine said the Utah-based CBD roaster is copying and promoting its products whilst using the Coffee by Design’s trademarks, causing confusion between consumers in the marketplace. Founded 25 years ago, Coffee by Design has long held a reputation for its [...]Read more
- Posted by TMR TMR on May 31, 2019 / Posted in Trade MarksIn addition to ordinary marks, there are two other kinds of trade marks that can be registered with the United Kingdom Intellectual Property Office (UKIPO) – certification marks and collective marks.In addition to ordinary marks, there are two other kinds of trade marks that can be registered with the United Kingdom Intellectual Property Office (UKIPO) – certification marks and collective marks. Certification Marks A certification mark is a specific type of trademark which is defined in Section 50(1) of the Trade Mark Act 1994 as ‘a mark indicating that the goods and services in connection with which it is used are certified by the proprietor of the mark in respect of origin, [...]Read more