Blog

  • Posted by Jane Coyle on January 11, 2018 / Posted in Trade Marks
    As your brand becomes more and more popular, the risk of ‘genericide’, death of a brand through being generic, grows bigger.
    The key aspect of as trade mark is that it is a distinctive way for your consumers to distinguish you from the competition. If your mark loses its distinctiveness, it is no longer fulfilling its function as a badge of origin of goods but only becoming a representative of the goods or services themselves. Some of the most commonplace of terms now once were brands, destroyed by overuse. A key example of this is the Hoover, once a brand now so diluted it has become the word of choice for the [...]
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  • Posted by Jane Coyle on January 11, 2018 / Posted in Trade Marks
    As reported on the Trademarkroom blog last year, sportwear brand Puma took action against clothing brand Forever 21 for trade mark and copyright infringement following the release of similar designs of footwear.
    As reported on the Trademarkroom blog last year, sportwear brand Puma took action against clothing brand Forever 21 for trade mark and copyright infringement following the release of similar designs of footwear. In 2015 Puma collaborated with popstar Rhianna in the creation of the footwear brand Fenty Puma by Rhianna. Under this brand, Puma released a number of footwear designs including the Fur Slide sandal, the Bow Slide sandal and the Creeper trainer. These became sort after styles in that [...]
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  • Posted by Jane Coyle on January 04, 2018 / Posted in Trade Marks
    Since emerging in 2009, taxi app firm Uber Technologies have been constantly on the legal radar for one matter or the other.
    Since emerging in 2009, taxi app firm Uber Technologies have been constantly on the legal radar for one matter or the other. Matters in regards to IP have been no exception. An ongoing matter in relation to trade marks was in respect of their use of ‘Uber’. The original Uber was Uber Operations who are an IT company providing computer cloud services. Uber Operations was founded in 2004. Even though Uber Operations were around first, it was Uber Technologies who got in first to [...]
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  • Posted by Jane Coyle on January 04, 2018 / Posted in Trade Marks
    During 2017, the famous Kardashian family kept their IP lawyers busy as there were trade mark matters emerging all the time.
    During 2017, the famous Kardashian family kept their IP lawyers busy as there were trade mark matters emerging all the time. It seems that they have not decided to slow down for 2018 as a new potential trade mark tussle emerges. As with the system here in the UK, the US trade mark system allows a period for existing trade mark owners to oppose a trade mark application if they feel it will conflict with their trade marks. Another similarity with the UK and US is that period can be extended by [...]
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  • Posted by Jane Coyle on December 20, 2017 / Posted in Trade Marks
    Back in August, it was reported on The Trademarkroom blog that Aldi had received a challenge in relation to their latest frozen dessert release.
    Back in August, it was reported on The Trademarkroom blog that Aldi had received a challenge in relation to their latest frozen dessert release. Aldi had released ‘Champagne Sorbet’ throughout their stores in a bid to appeal to the luxury dessert market. This product was disputed by the Trade Association for the Houses of Champagne who claimed that the product was an infringing use of the Protected Designation of Origin ‘Champagne’. The claim was brought before the [...]
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  • Posted by Jane Coyle on December 18, 2017 / Posted in News
    A reminder of our opening times for this festive season.
    For the 2017 festive season, The Trademarkroom office will close on Friday 22nd December 2017 at 12pm and will re-open on  Tuesday 2nd January at 9am Over the festive season, The Trademarkroom team will not be available therefore please get in touch if you wish to protect your brand. On behalf of all the staff at The Trademarkroom, we wish all our wonderful clients a very Merry Christmas and a happy and prosperious 2018. [...]
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  • Posted by Jane Coyle on December 18, 2017 / Posted in Trade Marks
    The Trademarkroom blog reported earlier this year the spat which arose between Mondelez, the owners of Toblerone and discount retailer, Poundland.
    The Trademarkroom blog reported earlier this year the spat which arose between Mondelez, the owners of Toblerone and discount retailer, Poundland. The dispute nearly tipped over the edge as Mondelez were threatening to take infringement action against Poundland who created and planned to release their ‘Twin Peaks’ bar. The peaks of a Toblerone bar are protected by a 3D trade mark. The Twins Peak bar looked suspicious familiar even though Poundland were adamant that the bar was [...]
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  • Posted by Jane Coyle on December 14, 2017 / Posted in Trade Marks
    There has been much discussion over recent years, in respect of 3D trade marks and their future in Europe.
    There has been much discussion over recent years, in respect of 3D trade marks and their future in Europe. One company that has been in the centre of this discussion is Nestle. Nestle have fought for years to register the shape of their four finger KitKat bar as a 3D trade mark, only to be refused left right and centre for many reasons. After their last defeat in the Court of Justice for the European Union sparked them to take the matter to the last attempt with an appeal to the Supreme [...]
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  • Posted by Jane Coyle on December 08, 2017 / Posted in Trade Marks
    When you discover another party is infringing your trade mark that you have spent a lot of time or money to create and develop, it can be heart-breaking.
    When you discover another party is infringing your trade mark that you have spent a lot of time or money to create and develop, it can be heart-breaking. However, it is extremely important that you take action to protect your brand otherwise the effort you have put in to create it will be a waste. The most common action to take is to start court proceedings. This can be an extremely costly process in regards to both time and money. In addition, you have the risk of falling foul of existing [...]
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  • Posted by Jane Coyle on December 07, 2017 / Posted in Trade Marks
    Since the UK voted to leave the EU on 23rd June 2016, the world of IP has been a flutter with worries as to the future of EU trade marks and whether there will be a continuing connection with the UK.
    Since the UK voted to leave the EU on 23 rd June 2016, the world of IP has been a flutter with worries as to the future of EU trade marks and whether there will be a continuing connection with the UK. There has been no confirmation given as to whether EU trade mark owners will still be covered in the UK, whether any assistance will be given from the government to aid the IP transition or whether applications can still be made in the way in which it is now. As of yet, no Brexit deal in respect [...]
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