Blog

  • 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 [...]
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  • 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 [...]
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  • Posted by Michael Coyle on April 25, 2020 / Posted in Trade Marks
    Opposition thoughts and goods and services and how smart does a consumer have to be?
    Part 2 – Opposition thoughts and goods and services and how smart does a consumer have to be? A lead case from the CJEU is the Canon case. Case C-39/97.  The court stated “In assessing the similarity of the goods or services concerned, as the French and United Kingdom Governments and the Commission have pointed out, all the relevant factors relating to those goods or services themselves should be taken into account. Those factors include, inter alia, their nature, their [...]
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  • Posted by Michael Coyle on April 25, 2020 / Posted in Trade Marks
    "I keep hearing the term Opposition ? What does it mean?"
    Part 1                                                 A Client recently asked “I keep hearing the term Opposition ? What does it mean?”  An Opposition When you file a Trade Mark, the examination process is undertaken by an examiner. If it is accepted that the application can function as a trade mark then the mark is advertised for a period of two months. [...]
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  • Posted by Anna Orchard on April 13, 2020 / Posted in Trade Marks
    A complete overview of the application process of a trade mark, allowing you to be clear of the process and know what to expect.
    Stage 1- Development  The first stage, may be obvious for some, however you need to firstly establish your brand before you apply for a trademark. You need to be entirely happy with the branding of your mark. This is because your trademark cannot be changed once the application has been made and will be used to represent your brand in years to come. It must be unique and allow customers to identify you over competitors. A mark must be capable of graphical representation, distinctive, [...]
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  • Posted by Anna Orchard on March 30, 2020 / Posted in Trade Marks
    Domains and trade marks easily get confused. There is also a difficulty in deciding which ones should be applied for first.
    When starting a new business there is no need to rush and get everything done on the same day.  You need to ensure that you are prioritising intellectual property when looking to protect the brand you are creating. There is difficulty in understanding what needs to come first: domains or trade marks.  A domain allows people to access and find your brand online. As the world slowly becomes more reliant on online platforms and software, it is ever more important that your brand is [...]
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  • Posted by Anna Orchard on March 24, 2020 / Posted in Trade Marks
    There are many variations of trade mark applications. When applying for a trade mark you need to ensure you carefully consider your options.
    There are many variations of trade mark applications. When applying for a trade mark you need to ensure you carefully consider your options.  Even though, a standard trade mark application is the most common option filed for, there are other options to consider that may be best for you. These include collective marks and certification marks. Certification marks A certification mark is a specific type of trade mark that indicates to others a level of guarantee that the goods or services [...]
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  • Posted by Anna Orchard on March 23, 2020 / Posted in Trade Marks
    What many people don’t realise is that when your business grows so does the financial value of your trade mark.
    What many people don’t realise is that when your business grows so does the financial value of your trade mark. As well as this a trade mark can bring your brand an indication of  quality and reputation to customers. You may find that larger corporations have a vast library of trade marks and intellectual property. As a result, if the company owner was to sell on, the new owner would not only be buying the company assets but also the intellectual property that comes with this. [...]
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  • Posted by Anna Orchard on March 09, 2020 / Posted in Trade Marks
    It is a common misconception that you have no way of protecting a trade mark that you haven’t registered…wrong!
    It is a common misconception that you have no way of protecting a trade mark that you haven’t registered. However, as you may not know, you can protect your mark being used by anyone else by a process referred to as 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 developed ‘goodwill’. A difficulty lies in quantifying goodwill. This is because levels of goodwill are subjective and [...]
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  • Posted by Sena Tokel on February 24, 2020 / Posted in Trade Marks
    In June 2019, the Duke and Duchess of Sussex filed to register their charity brand with the United Kingdom Intellectual Property Office (UKIPO).
    In June 2019, the Duke and Duchess of Sussex filed to register their charity brand with the United Kingdom Intellectual Property Office (UKIPO). Shortly after, on January 19th , it was confirmed that the couple will no longer be retaining their ‘Royal Highness’ titles and will now become entirely financially independent. With this announcement questions were raised as to whether the couple can keep their ‘Sussex Royal’ brand and pending trade mark applications with the [...]
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