Blog Archive

  • Posted by Jane Coyle on July 27, 2016 / Posted in Trade Marks
    While many people are aware of a registered trade mark and the ability to protect that mark, not a lot of people know that you can protect an unregistered trade mark through a claim for passing off.
    While many people are aware of a registered trade mark and the ability to protect that mark, not a lot of people know that you can protect an unregistered trade mark through a claim for passing off. Of course we recommend registering your trade mark, all is not lost if you find someone is using your brand before registration. You can submit a claim if you find another business is ‘passing themselves off’ as you. Passing off is common law action that gives unregistered marks [...]
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  • Posted by Jane Coyle on July 27, 2016 / Posted in Trade Marks
    A reminder of the complete process of registering a trade mark
    Registering a trade mark is a multi stage process. This is a reminder of the different stages and can allow you to follow your application process being completely aware of what to expect. Of course all cases are different and there can be unexpected twists and turns but o the whole the core of the process is the same. Stage 1- Development The first stage of starting a trade mark application may be obvious, but you need to have a trade mark! This does not just mean, know what your business is [...]
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  • Posted by Jane Coyle on July 27, 2016 / Posted in Trade Marks
    When you have registered your trade mark and protected your intellectual property, it is important to make those who may wish to damage your reputation aware that you mean business.
    When you have registered your trade mark and protected your intellectual property, it is important to make those who may wish to damage your reputation aware that you mean business. To do this, you can use a number of symbols that will indicate to others that you have successfully registered your trade mark, in the UK, EU or further afield. However, it is important that you are aware of exactly what you can or cannot use to ensure it is the most effective. If you have successfully registered [...]
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  • Posted by Jane Coyle on July 20, 2016 / Posted in Trade Marks
    Another instalment in the Trade Mark FAQ series where all your questions are answered, this time the focus is on searches.
    Q: What is a trade mark search? A: A trade mark search allows you to ensure that the mark you want to register is free for you to do. If the mark you want to use, or a similar mark, is already in use in similar or identical goods or services, your application would fail. Also you could be hit with an infringement claim if you continue to use the mark when it is being used by someone else so it is best to ensure you are free to use it. Q: What do you need to know to conduct a search? A: To [...]
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  • Posted by Jane Coyle on July 20, 2016 / Posted in Trade Marks
    A reminder of exactly what a trade mark is and why it is essential for your business to have one.
    For those of you that having been reading this blog and following The Trademarkroom for a while will be familiar with the concept of a trade mark. However, there will be many of you who are new to business and the world of intellectual property and will need more clarification as to what exactly a trade mark is and how it can aid you in business. Essentially, a trade mark is a representation of your brand. It is a way for your existing and potential customers to recognise you and separate you [...]
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  • Posted by Jane Coyle on July 13, 2016 / Posted in Trade Marks
    When a trade mark application is submitted, after it is accepted by the UK Intellectual Property Office, there is a 2 month period in which it is open for opposition.
    When a trade mark application is submitted, after it is accepted by the UK Intellectual Property Office, there is a 2 month period in which it is open for opposition. During this period, the mark is published to all existing trade mark owners for them to consider if it may infringe their registered trade mark. If you have a registered mark and feel a newly proposed mark will be infringing or may affect your mark, you can submit a formal application to oppose it. The main reason to oppose a [...]
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  • Posted by Jane Coyle on July 13, 2016 / Posted in Trade Marks
    When registering a trade mark, it is extremely important that you are aware what you can and cannot not use in the creation of your mark.
    When registering a trade mark, it is extremely important that you are aware what you can and cannot not use in the creation of your mark. There are rules and regulations that you must be aware of when you are considering what you want to include in your mark. Focusing on what cannot be included there are a number of different areas where clear words phrases or logos cannot be included in your mark. The first area that can in no way be a part of a trade mark is offensive language or symbols. A [...]
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  • Posted by Jane Coyle on July 08, 2016 / Posted in Trade Marks
    A quick guide on the options you have as a trade mark owner.
    Trade mark licenses A trade mark license allows you to remain in control of your IP but still get the most from it. If you are not using your mark to its fullest, you can create a trade mark license agreement with other party allowing them to use your trade mark for specific goods or services or for a certain geographic location. This needs to be put into writing so it is clear that both parties are agreeing to the same terms including fees, time scales and geographical restrictions if there [...]
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  • Posted by Jane Coyle on July 08, 2016 / Posted in Trade Marks
    A ruling from the Court of Justice for the European Union has suggested that McDonalds may have created a monopoly of the prefix ‘Mc’ or ‘Mac’ and could prevent its use by others.
    A ruling from the Court of Justice for the European Union has suggested that McDonalds may have created a monopoly of the prefix ‘Mc’ or ‘Mac’ and could prevent its use by others. A company based in Singapore, Future Enterprises, applied to register a trade mark in the EU for ‘Maccoffee’ for use for goods mostly based around coffee and coffee packaging. This application was accepted and no objections were lodged therefore the trade mark was registered. [...]
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  • Posted by Jane Coyle on July 06, 2016 / Posted in Trade Marks
    Applying for an EU trademark is still a great value option if you are trading in the EU.
    Putting the Brexit vote to one side- applying for an EU trademark is still a great value option if you are trading in the EU. Where to start- The Trademark Search You need to make sure that your trademark is available and here at the Trademarkroom we can carry out two types of reports depending on your budget: a)      A free trademark report detailing confusingly similar or identical marks in your chosen classes (which we will also draft) [...]
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