Blog

• 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
• Ferraris' Trade Mark Battle with an Independent Charity Over Word 'Purosangue'
  Posted by Anna Orchard on February 06, 2020 / Posted in News
  Ferrari has started a legal battle between an independent sports charity. The dispute is over the Italian word for thoroughbred.
  Ferrari has started a legal battle between an independent sports charity. The dispute is over the Italian word for thoroughbred.   Trade marks need to be used a significant amount of times to prevent it from becoming revoked. Ferrari has claimed that the charity has not used the trade mark enough times to be granted rights over the word.   The term argued over is ‘Purosangue’. Ferrari uses this on one of their SUV models whereas the charity is named Purosangue, due to [...]
  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
• Trade Mark Revocation- Use it or Lose it
  Posted by Anna Orchard on February 03, 2020 / Posted in Trade Marks
  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’.
  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
• Trade Mark Genericide.
  Posted by Anna Orchard on February 03, 2020 / Posted in Trade Marks
  Trade 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 happening
  One 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
• Trade mark renewal process
  Posted by Sena Tokel on January 26, 2020 / Posted in Trade Marks
  Upon 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