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- Posted by TMR TMR on August 21, 2020 / Posted in Trade MarksAs gamers around the world are patiently waiting for the release of the PlayStation5 (PS5), Sony are already five steps ahead, having filed to trade mark PS6, PS7, PS8, PS9 and finally PS10. TheAs gamers around the world are patiently waiting for the release of the PlayStation5 (PS5), Sony are already five steps ahead, having filed to trade mark PS6, PS7, PS8, PS9 and finally PS10. The PS5 is set to release later this year, however Sony’s move to file trade marks for the PlayStation’s to follow has the company covered for the upcoming 20-30 years, bearing in mind they release an updated console around every five years or so. An exact date or price is yet to be revealed by [...]Read more
- Posted by TMR TMR on August 21, 2020 / Posted in Trade MarksUnder UK law, trade marks in the form of a scent or smell can be regarded as non-traditional, alongside colours, sounds or tastes.Under UK law, trade marks in the form of a scent or smell can be regarded as non-traditional, alongside colours, sounds or tastes. This differs to traditional a trade mark, including a name, logo or slogan, which must satisfy the element of distinctiveness. As per the Sieckmann criteria ( Ralf Sieckmann v Deutsches Patent-und Markenamt [2002]), a trade mark must hold sufficient grounds of being ‘clear’ and ‘precise’. Prior to its alteration in January 2019, a further [...]Read more
- Posted by Anna Orchard on August 17, 2020 / Posted in Trade MarksThe popularity for a company/individual to register for a trade mark means it can be difficult to develop and gain monopoly over a new, unique mark. For this reason, many have turned to the concept of merging marks.The popularity for a company/individual to register for a trade mark means it can be difficult to develop and gain monopoly over a new, unique mark. For this reason, many have turned to the concept of merging marks. Choosing a brand name can be tricky. You need to be 100% happy with your mark before you file, because once the mark is filed you cannot change your mark. It can be hard to find a trade mark that is unique and will help your brand stand out. Even though it is [...]Read more
- Posted by Anna Orchard on July 16, 2020 / Posted in NewsFerrari has lost their trade mark for the 250 GTO in battle with Ares DesignIf you are familiar with Trade Marks you will know that once a trade mark has been filed, you must use the trade mark in the goods and services you have provided, within a 5 year period . If you fail to use the mark accordingly there is a risk that the mark could be removed from you or removed in certain goods and services. This has been the recent case for Ares Design, an Italian bespoke car manufacturer, against highly reputable, Ferrari. Ares noted that Ferrari had [...]Read more
- Posted by Anna Orchard on June 19, 2020 / Posted in NewsSince the start of coronavirus, small business have taken a hit. This can be seen in craft breweries around the UK. Only in the last decade, the popularity and need for craft breweries have increased.Since the start of Coronavirus, small business have taken a hit. This can be seen in craft breweries around the UK. Only in the last decade, the popularity and need for craft breweries has increased. This popularity increase has lead to an increase and saturation of craft beers into the market. With this increase in need for craft breweries, comes an increased need for protection of the brand. This need for brand protection has been shown in the figures where recently it has been [...]Read more
- Posted by Anna Orchard on April 27, 2020 / Posted in Trade MarksShort summary on why a trademark registration may be refused with examples of refused marks.The purpose of a Trade Mark is to distinguish goods or services between traders and make them identifiable as originating from a particular source. Trade mark legislation lays down a number of rules and conditions that must be satisfied before a trade mark may be registered. In order to prevent an owner from unfairly obtaining a monopoly a Trade Mark will be refused registration in the following circumstances: The mark is descriptive of goods or services. The mark consists [...]Read more
- Posted by Anna Orchard on April 27, 2020 / Posted in Trade MarksPlanning on registering a trade mark? The following article provides you with an insight on what you must avoid to give your mark a better chance at successful registration.Planning on registering a trade mark? The following article provides you with an insight on what you must avoid to give your mark a better chance at successful registration. According to section 3(1) of the Trade Marks Act 1994, the following are not capable of registration : Marks that lack distinctiveness An example of this may be illustrated by the attempted registration of the word mark ‘Companyline’ as a CTM for insurance services back in [...]Read more
- Posted by Anna Orchard on April 27, 2020 / Posted in NewsAmazon’s world just got better and better. Will anyone be brave enough to put a brake on its ‘knotwood like’ hold on the economy.Amazon’s world just got better and better. Will anyone be brave enough to put a brake on its ‘knotwood like’ hold on the economy. Its reportedly generating squillions, pays little tax in comparison with its revenues and now its winning important cases which will increase its bottom line and make it even richer. Coty Inc. is a German company and owns brands such as Davidoff which it distributes and licenses the Word Mark DAVIDOFF. On 2 April 2020 the Court of Justice of [...]Read more
- Posted by Michael Coyle on April 25, 2020 / Posted in Trade MarksOpposition thoughts and goods and services and how smart does a consumer have to be?Part 2 – Opposition thoughts and goods and services and how smart does a consumer have to be? A lead case from the CJEU is the Canon case. Case C-39/97. The court stated “In assessing the similarity of the goods or services concerned, as the French and United Kingdom Governments and the Commission have pointed out, all the relevant factors relating to those goods or services themselves should be taken into account. Those factors include, inter alia, their nature, their [...]Read more
- Posted by Michael Coyle on April 25, 2020 / Posted in Trade Marks"I keep hearing the term Opposition ? What does it mean?"Part 1 A Client recently asked “I keep hearing the term Opposition ? What does it mean?” An Opposition When you file a Trade Mark, the examination process is undertaken by an examiner. If it is accepted that the application can function as a trade mark then the mark is advertised for a period of two months. [...]Read more