Blog

  • Posted by Anna Orchard on September 15, 2020 / Posted in News
    Tech giant Apple are opposing the trade mark registration of food prep app Prepear’s logo, as they argue that their green pear logo “readily calls to mind” Apple’s iconic one.
    Tech giant Apple are opposing the trade mark registration of food prep app Prepear’s logo, as they argue that their green pear logo “readily calls to mind” Apple’s iconic one. Apple have further-argued that the allowance of Prepear’s trade mark application would make theirs much less distinctive and potentially cause consumer confusion, as per their filing with the USPTO. Prepear have since responded by claiming that the logos hold no resemblance at all. [...]
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  • Posted by Sena Tokel on September 04, 2020 / Posted in Trade Marks
    Prior to filing a trade mark application, one of the first recommended steps is to carry out a trade mark search.
    Prior to filing a trade mark application, one of the first recommended steps is to carry out a trade mark search.  A trade mark search is of fundamental importance as it explores the current trade marks on the databases and aims to determine whether your application could face any challenges during the registration process. One of the common challenges that individuals and businesses face when filing for a trade mark application is finding out that a highly similar or identical trade mark [...]
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  • Posted by TMR TMR on September 02, 2020 / Posted in News
    Olly Murs has become a household name after his regular appearance as a presenter, on the X-factor, followed by a successful musical career, Olly appears keen to expand his career outside of music with his recent Trade Mark Filing.
    Olly Murs has become a household name after his regular appearance as a presenter, on the X-factor, followed by a successful musical career. However, after his recent trade mark filing with the UKIPO, Olly appears keen to expand his career outside of music. The classes of goods under which the star filed to trade mark his name did not only include kitchen utensils but also jewellery, clothing, shoes, books, magazines and more.   Despite Murs’ undeniable success, which has made him a [...]
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  • Posted by TMR TMR on September 02, 2020 / Posted in News
    New Payments Platform Australia (NPPA) is a well-known Australian financial services firm, whom are reaching headlines, as the company are suing Ripple Labs, over allegations of trade mark infringement.
    New Payments Platform Australia (NPPA) is a well-known Australian financial services firm, whom are reaching headlines, as the company are suing Ripple Labs, over allegations of trade mark infringement. In their recently filed court document, the company have claimed that Ripple have breached Australia’s Trade Marks Act (1995) by utilising their brand and trade mark “PayID”, without any authorisation to do so.   PayID was launched by NPPA, back in February 2018, with an [...]
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  • Posted by Ellis Sweetenham on August 21, 2020 / Posted in Trade Marks
    A tool that can be used if a dispute arises, a co-existence agreement can save the hassle of taking a dispute through the official routes.
    A coexistence agreement is between two or more parties and allows them to use an identical or similar mark for different goods and exist together happily without any disputes. If you are looking to register a mark that is similar or identical to one that is already registered, then think again. Without any contact or negotiation with the existing trade mark owner, they will not allow their mark to be infringed. However if you make it clear that you will only trade in one area and not step [...]
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  • Posted by Ellis Sweetenham on August 21, 2020 / Posted in Trade Marks
    Before proceeding with a trade mark application, make sure you are in the know.
    It is important you know what is required and what should be avoided when looking to protect your brand.   The following Do's and Don'ts will put you in the best place to get the ball rolling on a trade mark application with the help of our team: DO make your mark distinctive. A trade mark should be a clear representative of your business therefore it is essential that it is unique to you. This will also allow you to attract customers over and above your competitors. DO NOT copy [...]
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  • Posted by TMR TMR on August 21, 2020 / Posted in Trade Marks
    Canadian rapper Drake has been unsuccessful in his bid to trade mark the phrase ‘Certified Lover Boy’, ahead of his album release, of the same name.
    Canadian rapper Drake has been unsuccessful in his bid to trade mark the phrase ‘Certified Lover Boy’, ahead of his album release, of the same name. The rapper’s lawyer aimed to secure the phrase back in February, however with no success. This would have allowed domination of the phrase, in the world of music, TV as well as clothing. The U.S. Patent and Trademark Office (USPTO) denied the application in question due to the possible “likelihood of confusion”, based [...]
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  • Posted by Sena Tokel on August 21, 2020 / Posted in Trade Marks
    Prior to filing for a UK trade mark, there are a number of things to consider in order to heighten your chances of a successful application.
    Prior to filing for a UK trade mark, there are a number of things to consider in order to heighten your chances of a successful application. One of the key things to consider is whether your brand name could be regarded as laudatory by an examiner during the first stage of the trade mark application process. What is a laudatory term? A laudatory term is one that attributes to the quality or excellence of a product and/or service, for example, ‘the super salon’ or ‘the [...]
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  • Posted by TMR TMR on August 21, 2020 / Posted in Trade Marks
    As 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
    As 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 [...]
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  • Posted by TMR TMR on August 21, 2020 / Posted in Trade Marks
    Under 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 [...]
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