Blog

  • Posted by TMR TMR on November 24, 2020 / Posted in Trade Marks
    The European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton.
    The European Union Intellectual Property Office (EUIPO) has ruled in favour of a Swiss watchmaking firm after a three-year trade mark battle for the name ‘Hamilton’ with Formula One champion Lewis Hamilton. Part of the Swiss Swatch group since 2007, Hamilton International filed to trade mark ‘Hamilton’ in the European Union, hence granting them exclusive use of the name brand on accessories, including watches, across Europe. Hamilton International, prior to being bought [...]
    Read more
  • Posted by Anna Orchard on November 18, 2020 / Posted in Trade Marks
    There are also a number of non-essential requirements for filing a trade mark application that need to be considered.
    As explored in Part 1 of this 2 Part article we looked at the essential requirements for filing a trade mark. There are also a number of non-essential requirements for filing a trade mark application that need to be considered. 1-     Use or bona fide intention to use As noted in section 32(3)- every application needs to be filed in good faith and the registered owner has a bona fide intention to use the Mark within the relevant goods and services. To file against this [...]
    Read more
  • Posted by Anna Orchard on October 27, 2020 / Posted in Trade Marks
    If you are thinking of setting up and registering your brand for a trade mark then there is a preliminary check that you need before you start the process.
    If you are thinking of setting up and registering your brand for a trade mark then there is a preliminary check that you need before you start the process. In this article we will explore the essential requirements needed for an application under the UKIPO.   Under section 32(2) of the Trade Marks Act 1994, the essential requirements for filing are set out. Once all the details are met then a filing date can be issues against the Mark.   Request for registration of a Trade Mark. [...]
    Read more
  • Posted by TMR TMR on September 25, 2020 / Posted in Trade Marks
    Amongst the uncertainty as a result of the Covid-19 pandemic, small businesses were sure to take a hit of the repercussions-trade marks may be the best option
    Amongst the uncertainty as a result of the Covid-19 pandemic, small businesses were sure to take a hit of the repercussions. In the third quarter of 2020, confidence is slowly rising, however what about all the businesses which are starting up now? Or the ones which wish to rebrand?  This short guide can help you assess the value of a trade mark for those circumstances.   Symbol of identity: - The name, logo, phrase or symbol which you chose to represent your business will be a huge [...]
    Read more
  • Posted by Sena Tokel on September 25, 2020 / Posted in Trade Marks
    Argentinian footballer Lionel Messi has prevailed in a lengthy trade mark dispute to register his name.
    Argentinian footballer Lionel Messi has prevailed in a lengthy trade mark dispute to register his name. The footballer first applied to trade mark his surname ‘Messi’ as a logo under sportswear and footwear equipment in 2011. The logo application which consisted of an emblem with the letter ‘M’ and the footballer’s name ‘Messi’ underneath, was soon opposed by Spanish cycling brand ‘Massi’, who argued that the footballer’s logo mark [...]
    Read more
  • 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 [...]
    Read more
  • 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 [...]
    Read more
  • 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 [...]
    Read more
  • 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 [...]
    Read more
  • 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 [...]
    Read more