Blog

  • Posted by TMR TMR on February 13, 2019 / Posted in Trade Marks
    Sumol + Compal (a food and drinks company) welcome in the recent decision of the EU General Court.
    Sumol + Compal (a food and drinks company) welcome in the recent decision of the EU General Court. The EU Court annulled the decision made by the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO), which stated that there was no likelihood of confusion between its earlier EU marks and that of Ludwig Manfred Jacobs’ mark. Background information Sumol + Compal opposed an EU mark filed by the nutrition expert Ludwig Manfred Jacobs. Ludwig Manfred Jacobs had [...]
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  • Posted by TMR TMR on February 06, 2019 / Posted in Trade Marks
    This decision highlights that what constitutes a descriptive trade mark can be affected by the context of the industry.
    This decision highlights that what constitutes a descriptive trade mark can be affected by the context of the industry.  Furthermore, it illustrates the General Court’s willingness to engage with trade mark law in new innovative fields (artificial intelligence). The General Court has refused DeepMind’s appeal of its European trade mark application for the word ‘STREAMS’. What is Streams? Streams is a secure mobile phone app that has been developed in [...]
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  • Posted by TMR TMR on February 05, 2019 / Posted in Trade Marks
    The confectionery giant has stopped fighting to protect is famous purple colour after losing an appeal for its trade mark last month.
    If one were to ask the average consumer what colour they associate with the brand Cadbury, they would probably reply with the colour purple. Arguably, Cadbury has done all it can through trade mark law and advertising to ensure that the famous purple colour (Pantone 2865c) of its wrapping paper was protected.  However, with the increasing competition in the confectionery industry, is it right that Cadbury be allowed to monopolise on such a strong and distinctive colour? Over the years the [...]
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  • Posted by TMR TMR on January 30, 2019 / Posted in Trade Marks
    March 2017 saw the United Kingdom submitting a notification of its intention to withdraw from the European Union beginning a lengthy two year long negotiation process.
    March 2017 saw the United Kingdom submitting a notification of its intention to withdraw from the European Union beginning a lengthy two year long negotiation process. On January 15th, 2019, defeat was endured after the House of Commons rejected its withdrawal agreement (also known as ‘soft’ Brexit) with the European Union. Although the refusal proposed that any EU trademark registrations would be replicated on the UK register, with less than 10 weeks remaining and the Brexit [...]
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  • Posted by Jane Coyle on January 30, 2019 / Posted in Trade Marks
    Follow these for the best chance of successfully protecting your brand.
    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 another brand. While it may be tempting to give yourself a foot up on the ladder by using the attraction and recognition of another brand, this is not the route to pursues. Not only is it very unlikely you will gain registration of this mark, you will be subject [...]
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  • Posted by TMR TMR on January 30, 2019 / Posted in Trade Marks
    It may just seem to be one big waiting game but once an application is filed, it will go through a number of stages that are as important as each other.
    Here, at The Trademarkroom, we get asked many questions about applications and what happens after filing. It may just seem to be one big waiting game but once an application is filed, it will go through a number of stages that are as important as each other. Stage one: Filing The first stage is quite self-explanatory and that is the official filing of the application. It is important all details on the application are correctly as there is very limited scope for an application to be amended [...]
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  • Posted by TMR TMR on January 17, 2019 / Posted in Trade Marks
    In a step to protect this brand, she has filed a trade mark claim against her father and his business partner.
    Not only is Rihanna a pop superstar but she has also made her stamp in many other industries with her Fenty brand. Mainly focussing on beauty, she has created a brand which is now a must have for many. In a step to protect this brand, she has filed a trade mark claim against her father and his business partner. She alleges that her father Ronald Fenty’s company Fenty Entertainment has misled the public by claiming to be affiliated with Rihanna and her Fenty brand. It is claimed that [...]
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  • Posted by TMR TMR on January 16, 2019 / Posted in Trade Marks
    Irish fast-food chain Supermac’s strips food giant McDonald’s European Union trademark over its globally famous Big Mac burger.
    Irish fast-food chain Supermac’s strips food giant McDonald’s European Union trademark over its globally famous Big Mac burger. The landmark decision with immediate effect revoked the registration of the Big Mac trademark stating the food giant had failed to prove “genuine use” over its mark. The decision made on Tuesday followed a long running legal dispute between the food giant and family owned chain which began in 2015 , subsequent to an objection from [...]
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  • Posted by TMR TMR on January 10, 2019 / Posted in Trade Marks
    The luxury jewellery house founded in 1847 is still a thriving brand that has become synonymous with celebrity lifestyle.
    The luxury jewellery house founded in 1847 is still a thriving brand that has become synonymous with celebrity lifestyle. In filing an opposition in Singapore, the Hearing Officer assesses whether any an individual/ entity can monopolise the word ‘LOVE’ as a trade mark in relation to class 14 (jewellery).   The luxury designer jewellery house filed an opposition against the company MoneyMax jewellery’s application of their trade mark ‘LOVE GOLD’ in classes 14 [...]
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  • Posted by TMR TMR on January 10, 2019 / Posted in Trade Marks
    The household named spirit brand appeals the EUIPO’s refusal to register it’s EU trade mark due to lack of distinctiveness
      The household named spirit brand appeals the EUIPO’s refusal to register it’s EU trade mark due to lack of distinctiveness. In the appeal, the importance of whether a trade mark serves the basic function of enabling consumers to identify the origins of their products is discussed. The famous family owned spirits company has been successful in its application to register a figurative sign (a graphic mark) as an EU trade mark (the shape of the Bacardi bottle). It had [...]
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