Blog Archive

  • Posted by Jane Coyle on June 29, 2015 / Posted in Trade Marks
    The UK Labour Party has raised objection with the IPO at the trademark application for the Scottish Labour Party which was filed in December last year
    The UK Labour Party has raised objection with the IPO at the trademark application for the Scottish Labour Party which was filed in December last year (the opposed trademark application can be viewed here https://www.ipo.gov.uk/tmcase/Results/1/UK00003085777) The trademark opposition was submitted by a London-based firm, Labour Party Nominees Ltd, which controls the party’s property and assets, and has UK general secretary Iain McNicol as a director. The application covers electronic and [...]
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  • Posted by Jane Coyle on June 29, 2015 / Posted in Trade Marks
    A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders. Registered trademarks
    Trademarks A trade mark is a sign that you can use to distinguish your business’ goods or services from those of other traders. Registered trademarks A registered trademark is gained by registration of the trademark. A trademark is a symbol, word, or words legally registered or established by use as representing a company or product. Trademarks can be represented with the company’s name or logo. A trademark can last indefinitely as long as it’s renewed every 10 years. You [...]
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  • Posted by Jane Coyle on June 26, 2015 / Posted in Trade Marks
    Your registered trademark in the EU (CTM) will last for 10 years. You can then renew it every ten years thereafter.
    EU Trademark Renewal Your registered trademark in the EU (CTM) will last for 10 years. You can then renew it every ten years thereafter. How much does it cost? We will charge you £300.00+VAT. OHIM will charge you 1350 Euro for 3 classes and an extra 400 Euro for each class above 3. If we are your agent, we will notify you 6 months before the expiry date that you need to renew your trademark.If you have failed to observe the time limit but still wish to renew your mark, you can still do [...]
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  • Posted by Jane Coyle on June 24, 2015 / Posted in Trade Marks
    When considering if two signs are similar- this has to be viewed under the principle of likelihood of confusion.
    Trademarks: likelihood of confusion When considering if two signs are similar- this has to be viewed under the principle of likelihood of confusion. In other words are the trademarks capable of suggesting that the goods or services originate from the same economically linked source. Signs are similar if the goods are identical (and earlier sign is distinctive enough) and the relevant public would be confused that the two products are economically from the same source- i.e. they would be [...]
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  • Posted by Jane Coyle on June 23, 2015 / Posted in Trade Marks
    Deadmau5 (Joel Zimmerman) the electronic musician looked to be going head to head (or ear to ear) with Mickey Mouse.
    Deadmau5 Trademark Deadmau5 (Joel Zimmerman) the electronic musician looked to be going head to head (or ear to ear) with Mickey Mouse. Deadmau5 is the proprietor of the community mouse ear trade mark (EU00856128) and wants to increase the protection for his mouse ears to the US. He (Joel Zimmerman) is normally seen on stage wearing his “mouse head”. Whilst our dear friend Mickey Mouse would not be seen in public or on the TV without his mouse ears. In September 2014 Disney (on [...]
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  • Posted by Jane Coyle on June 22, 2015 / Posted in Trade Marks
    It seems that the Polo Ralph Lauren logo is not having much luck in Singapore.
    It seems that the Polo Ralph Lauren logo is not having much luck in Singapore. It has lost a legal battle with The United States Polo Association (USPA) allowing the Association to register a black and white trademark featuring two polo players on horseback. The Intellectual Property Office of Singapore (Ipos) disregarded Ralph Lauren’s claims that the logo was similar to its own single player mark, which it registered in 1996. The lawyers for Ralph Lauren insist that the horsemen mark [...]
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  • Posted by Jane Coyle on June 17, 2015 / Posted in Trade Marks
    Société des Produtis Nestlé SA v Cadbury UK LTD
    Société des Produtis Nestlé SA v Cadbury UK LTD Article 3(1)(i) of Directive 2008/94/EC provides that a shape cannot be registered as a trade mark if the shape is one that is a result of the goods themselves. Article 3(1)(ii) of Directive 2008/94/EC further provides that if the shape is one that is necessary to obtain a technical result it cannot be registered as a trade mark. Essentially if the shape is a result of the goods themselves or if the shape is functional to the [...]
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  • Posted by Jane Coyle on June 16, 2015 / Posted in Trade Marks
    Specsavers International Healthcare Ltd and others v Asda Stores the ECJ gave a ruling on the relevance of colours to the global assessment when considering trademark infringement
    Trademark case involving the use of colours: Specsavers International Healthcare Ltd and others v Asda Stores the ECJ gave a ruling on the relevance of colours to the global assessment when considering trademark infringement: • If a CTM (community trademark) is not registered in colour, but the proprietor has used it extensively in a particular colour or combination of colours so that it has become associated in the mind of a significant portion of the public with that colour or [...]
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  • Posted by Jane Coyle on June 15, 2015 / Posted in Trade Marks
    GO WALKING and GO RUNNING Trademarks are deemed to be devoid of distinctive character by the UKIPO
    GO WALKING and GO RUNNING Trademarks are deemed to be devoid of distinctive character by the UKIPO The sports retailer GO OUTDOORS (GO) applied for the marks: https://www.ipo.gov.uk/tmcase/Results/1/UK00003079177 https://www.ipo.gov.uk/tmcase/Results/1/UK00003079179 Skechers USA Inc II (Skechers), opposed GO’s trade mark applications based on sections 3(1)(b) and 3(1)(c) of the Trade Marks Act 1994. Relevant Trademark Law S.3(1)(b) provides that trade marks which are devoid of [...]
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  • Posted by Jane Coyle on June 15, 2015 / Posted in Trade Marks
    Trade mark infringement is actionable by the trade mark proprietor- section 14 TMA.
    Who can bring trademark infringement proceedings? Trade mark infringement is actionable by the trade mark proprietor- section 14 TMA. If a UK mark is co-owned, proceedings can be brought by any of the proprietors, but a proprietor cannot proceed with the action unless all co-owners of the mark are joined into the proceedings (either as a claimant or a defendant), unless he has obtained the court’s leave to do so. A licensee can bring trademark infringement proceedings in its own name in [...]
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