Blog

  • 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
  • Posted by TMR TMR on August 21, 2020 / Posted in Trade Marks
    As gamers around the world are patiently waiting for the release of the PlayStation5 (PS5), Sony are already five steps ahead, having filed to trade mark PS6, PS7, PS8, PS9 and finally PS10. The
    As gamers around the world are patiently waiting for the release of the PlayStation5 (PS5), Sony are already five steps ahead, having filed to trade mark PS6, PS7, PS8, PS9 and finally PS10. The PS5 is set to release later this year, however Sony’s move to file trade marks for the PlayStation’s to follow has the company covered for the upcoming 20-30 years, bearing in mind they release an updated console around every five years or so. An exact date or price is yet to be revealed by [...]
    Read more
  • Posted by TMR TMR on August 21, 2020 / Posted in Trade Marks
    Under UK law, trade marks in the form of a scent or smell can be regarded as non-traditional, alongside colours, sounds or tastes.
    Under UK law, trade marks in the form of a scent or smell can be regarded as non-traditional, alongside colours, sounds or tastes. This differs to traditional a trade mark, including a name, logo or slogan, which must satisfy the element of distinctiveness. As per the Sieckmann criteria ( Ralf Sieckmann v Deutsches Patent-und Markenamt [2002]), a trade mark must hold sufficient grounds of being ‘clear’ and ‘precise’. Prior to its alteration in January 2019, a further [...]
    Read more
  • Posted by Anna Orchard on August 17, 2020 / Posted in Trade Marks
    The popularity for a company/individual to register for a trade mark means it can be difficult to develop and gain monopoly over a new, unique mark. For this reason, many have turned to the concept of merging marks.
    The popularity for a company/individual to register for a trade mark means it can be difficult to develop and gain monopoly over a new, unique mark. For this reason, many have turned to the concept of merging marks.   Choosing a brand name can be tricky. You need to be 100% happy with your mark before you file, because once the mark is filed you cannot change your mark.   It can be hard to find a trade mark that is unique and will help your brand stand out. Even though it is [...]
    Read more
  • Posted by Anna Orchard on April 27, 2020 / Posted in Trade Marks
    Short summary on why a trademark registration may be refused with examples of refused marks.
    The purpose of a Trade Mark is to distinguish goods or services between traders and make them identifiable as originating from a particular source. Trade mark legislation lays down a number of rules and conditions that must be satisfied before a trade mark may be registered. In order to prevent an owner from  unfairly obtaining a monopoly  a Trade Mark will be refused registration in the following circumstances: The mark is descriptive of goods or services. The mark consists [...]
    Read more
  • Posted by Anna Orchard on April 27, 2020 / Posted in Trade Marks
    Planning on registering a trade mark? The following article provides you with an insight on what you must avoid to give your mark a better chance at successful registration.
    Planning on registering a trade mark? The following article provides you with an insight on what  you must avoid  to give your mark a better chance at successful registration. According to section 3(1) of the Trade Marks Act 1994, the following  are not  capable of registration : Marks that lack distinctiveness  An example of this may be illustrated by the attempted registration of the word mark ‘Companyline’ as a CTM for insurance services back in [...]
    Read more