Blog Archive

  • Posted by Jane Coyle on April 30, 2013 / Posted in Trade Marks
    Trademarks and Passing off
    If you have not registered your trade mark you may still be able to take action against someone who uses your mark on his or her goods or services without your permission, using the common law of passing off. To be successful in a passing off action, you must prove that: the mark is yours you have built up a reputation in the mark you have been harmed in some way by the other person’s use of the mark It can be very difficult, and as a result, expensive to prove a passing off action. [...]
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  • Posted by Jane Coyle on April 29, 2013 / Posted in Trade Marks
    Enforcing your trade mark
    Using the ® Symbol You do not have to identify your trade mark as registered but you can use the ® symbol to show that your trade mark is registered, the mark can be registered somewhere other than in the United Kingdom. The ® symbol usually is usually placed on the right-hand side of the trade mark, in a smaller type size than the mark itself, and in a raised (superscript) position; none of this is compulsory. Is it illegal to use the ®? You would break the law (Section 95 [...]
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  • Posted by Jane Coyle on April 26, 2013 / Posted in Trade Marks
    It’s official Trademarkroom is a High Filer!
    In a report produced by the respected Trademark Review from the ITMA the Trademarkroom has been identified as one of the UKs top 100 trademark filers. This is impressive. We can offer significant savings when compared to the some of the countries largest law firms who have huge overheads. Check out our prices: [...]
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  • Posted by Jane Coyle on April 23, 2013 / Posted in Trade Marks
    Registration of a name
    A trade mark is a sign which can distinguish your goods and services from those of your competitors and may consist of works, including personal names. Therefore anyone in the UK can apply to register their name as a trade mark. Applicants seeking to register their name must satisfy the criteria for trade mark registration contrary to sections 3, 5 and 7 of the Trade Mark Act 1994 (TMA). Firstly, a name devoid of distinctive character will not be eligible for registration as it would fail to [...]
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  • Posted by Jane Coyle on April 15, 2013 / Posted in Trade Marks
    Trademark opposition procedure
    There is a definitive trade mark opposition procedure in place within the UK. Firstly, when a trade mark application is accepted, it is posted into the Intellectual Property Office’s online journal. This gives the chance for opposing parties to voice their concerns; however it must be done within a two month period. There are exceptions to this, for example any party who files an electronic form ‘TM7a’ which outlines a ‘notice of threatened opposition’ within the [...]
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  • Posted by Jane Coyle on April 15, 2013 / Posted in Trade Marks
    Filing an International Trademark. How much does it cost?
    We are often asked how much it costs to file a ‘worldwide’ trademark? The starting point here is that there is no ‘worldwide’ trademark! However we can file a trademark on your behalf through the Madrid Protocol System and over 70 countries are signed up to this agreement. How much does it cost? The cost to apply depends on which or how many countries you want your trade mark to be protected in. For any international application you will have to pay: a basic fee. [...]
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  • Posted by Jane Coyle on April 12, 2013 / Posted in Trade Marks
    Fake Willy Wonka bars for sale!
    Suffolk Trading Standards officers have seized several boxes of the fake Wonka bars which were claiming to have five prize-winning golden tickets up for grabs. According to the Trading Standards Institute, every bar seized so far across the country has been found to contain a ticket, but no information on how or where consumers can claim their prize, which is illegal. The illicit Wonka bars contravene a number of labelling requirements and fall below the standard to be called milk chocolate. [...]
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  • Posted by Jane Coyle on April 10, 2013 / Posted in Trade Marks
    Place names as trade marks – is it possible?
    The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) includes protection for geographical indications. Section 3(1)(c)/ Article 7 (1)(c) CTMR (Community Trade Mark Regulation) excludes from registration marks consisting exclusively of signs and indications which may serve, in trade, to designate the: kind; quality; quantity; intended purpose; value; geographical origin; the time of production of the goods or of the rendering of the service; or other characteristics of [...]
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  • Posted by Jane Coyle on April 08, 2013 / Posted in Trade Marks
    Trade Dress Protection
    The term ‘trade dress’ is sometimes used to describe something as nebulous as a store layout. Trade dress is specifically recognised in US trade mark law and it is possible to get a registration for it, although it very likely that you will need to prove that the layout has been used for a considerable period of time, and has therefore become distinctive of your business. As mentioned, it is an area recognised within US trade mark law however one which is not often spoken about [...]
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  • Posted by Jane Coyle on April 05, 2013 / Posted in Trade Marks
    Leidseplein Beheer B.V. and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. Case C-65/12
    Red Bull brought proceedings against Bulldog on the basis that they have taken unfair advantage of the distinctive character or reputation of their mark without ‘due cause’. This lead to the need for clarification of what constituted ‘due cause’. Ironically the only similarity, with regard to trade marks, between the products was the use of the word ‘bull’ as they are not identical and display different images. Red Bull are a manufacturer of energy drinks and [...]
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