Blog Archive

  • Posted by Jane Coyle on September 28, 2018 / Posted in Trade Marks
    A easy explanation of one of the more tricky trade mark terms.
    There are a number of stages to a trade mark application, many of which are not regularly explained. A stage included in this, is the publication stage. Every trade mark application made to the UK Intellectual Property Office is subject to a publication stage. While the party who has submitted the application takes minimal steps during this time, effort at the beginning of the process can make this time an easier wait. The publication stage, in short, is a chance for existing trade mark [...]
    Read more
  • Posted by Jane Coyle on September 28, 2018 / Posted in Trade Marks
    When submitting your application, you must indicate which goods or which services you would like it to cover.
    When registering a trade mark, it is impossible to register your brand name for every type of goods and every service available. This would create a monopoly over that name and would ultimately prevent businesses from expanding and adapting. Therefore, when submitting your application, you must indicate which goods or which services you would like it to cover. All goods and services are categorised into classes, where like goods and like services are grouped together for ease of registration. [...]
    Read more
  • Posted by Jane Coyle on September 26, 2018 / Posted in Trade Marks
    Christchurch based British food importer ‘A Little Bit of Britain’, is at the center of a crunchy trademark battle with cereal giant Sanitarium.
    Christchurch based British food importer ‘A Little Bit of Britain’, is at the center of a crunchy trademark battle with cereal giant Sanitarium. The cereal manufacturer which makes ‘Weetbix’ is taking legal action against a local shop owner who wants to import and sell the British cereal, ‘Weetabix’. Sanitarium claimed customers could be misled on the basis that the imported version sounds practically identical to its own ‘Weetbix’ brand [...]
    Read more
  • Posted by Jane Coyle on September 19, 2018 / Posted in Trade Marks
    On September 11th, the UK Intellectual Property Office (IPO) held in favour for Beiersdorf - the parent company of skin care and cosmetics range Nivea in the recent smoking trademark case.
    On September 11 th , the UK Intellectual Property Office (IPO) held in favor for Beiersdorf - the parent company of skin care and cosmetics range Nivea in the recent smoking trademark case. The UK company ‘Just Enough Programme’ applied to register a figurative mark which was published in 2017 for use of goods in class 34 covering: cigarettes, electronic cigarettes and related products. The figurative mark featured the word ‘Nivea’ and a circular swirl according to a [...]
    Read more
  • Posted by Jane Coyle on September 19, 2018 / Posted in Trade Marks
    This week, Britain’s largest supermarket retailer Tesco is preparing to launch a new chain of discount stores called ‘Jack’s’ across the UK.
    This week, Britain’s largest supermarket retailer Tesco is preparing to launch a new chain of discount stores called ‘Jack’s’ across the UK.   The first branch opening is expected today with reportedly 60 more to follow in the upcoming months. Named after Tesco founder Jack Cohen who first launched the group in 1924, the Jack’s chain is anticipated to be German discounter Aldi and Lidl’s new biggest rivals however, it will be operating without [...]
    Read more
  • Posted by Jane Coyle on September 17, 2018 / Posted in Trade Marks
    Submitting an application to register a trade mark, is largely a waiting game.
    Submitting an application to register a trade mark, is largely a waiting game. Not only are you waiting for the UK Intellectual Property Office’s verdict on the registrability of your mark, you are also in anticipation of any oppositions being filed. An opposition can be filed by any party who has an existing registered trade mark that may be interfered with by your application. The owner of any existing mark that has been registered in the UK and is deemed to be similar or identical to [...]
    Read more
  • Posted by Jane Coyle on September 17, 2018 / Posted in Trade Marks
    While we always reccomend you protect your brand with registration, it is not the only way in which you can prevent copycats.
    While we always reccomend you protect your brand with registration, it is not the only way in which you can prevent copycats. You may believe that you have no way of protecting a trade mark that you haven’t registered. Well, you would be wrong. You may be able to prevent the other party from using a trade mark that you were using first through passing off. Passing off is a common law action which allows a party to prevent another using a specific mark if they can show they have [...]
    Read more
  • Posted by Jane Coyle on September 17, 2018 / Posted in Trade Marks
    You may be fooled into thinking that you need to jump into filing the application. It is important that you start with a search.
    The biggest drawback for a new business in relation to trade mark, as opposed to an established business, is not only finances and resources but the lack of reputation and goodwill. This means that you will not have unregistered rights in the brand you are trying to create which will help you fight against brand copy cats. Therefore, it is best to ensure that you have your brand secured through registration before pushing your brand out into the industry, in a bid to minimise the chance of [...]
    Read more
  • Posted by Jane Coyle on September 10, 2018 / Posted in Trade Marks
    A dispute arisen between two tea companies has been brought to an end by the UK Intellectual Property Office after the opposition was dismissed.
    A dispute arisen between two tea companies has been brought to an end by the UK Intellectual Property Office after the opposition was dismissed. The application which kickstarted this was filed by French tea company Mariage Frères in 2014 for ‘Sakura Sakura!’ in class 29 and 30 covering tea and spices. This application was opposed by UK company TWG Tea Company, who argued that the word ‘Sakura’ lack distinctive character. The term refers to Japanese cherry tree [...]
    Read more
  • Posted by Jane Coyle on September 10, 2018 / Posted in Trade Marks
    Apple being one of the biggest tech company in the world, are always keeping their intellectual property legal team busy.
    Apple being one of the biggest tech company in the world, are always keeping their intellectual property legal team busy. However, it seems that they have allowed them to be a bit lax of late, as two EU trade mark oppositions have lapsed after Apple failed to file any arguments. The issues stemmed from two EU trade mark applications filed by Banana Computers who are based in Spain. In 2016, they made two applications to protect two figurative marks as EU trades, one referencing ‘Banana [...]
    Read more