Part 1- What are Series Trade Marks and are they Right for You?

Posted by Anna on November 26, 2019 / Posted in Trade Marks
part 1 of this article helps you understand what is a series trade mark and whether your mark qualify for a series mark

It is commonly missed by individuals when filing a trade mark that you can file a series mark in the UK. This not only gives you an increased level of protection, but also is a cost-effective way of filing for a trade mark.

 

Section 41(2) of the trademark act 1994 defines series marks to be: “a number of trade marks that resemble each other as to their material particulars and differ as to matters of a non-distinctive character. No substantially affecting the identity of the mark”.

 

This method of filing has remained a UK oddity and the reason for this, can be found in part 2 of this article.

 

When filing a trade mark with the UKIPO there is an option to file for up to 6 marks at a time in a single application. You should be aware that you can remove unwanted individual marks at any time.

 

In order to qualify for a series mark, the UK government website requests that marks must be “variations of one another. This includes look the same, sound the same and mean the same”. It should be stressed that the differences between the marks are minimal.

 

Perhaps one of the more famous trade mark cases for filing for a series mark was found with Twentieth Century Fox Film Corporation under no. 955380.

 

They filed several marks with variations of the term Foxtel ___ view. These included:

Foxtel footy view

Foxtel cricket view

Foxtel tennis view

Foxtel kids view

Foxtel news view

Foxtel movie view

 

It can be said that this is a clear example of how small variations in each term, can mean that the mark is eligible for a series mark.  

 

Here at the trademarkroom our legal fee for filing a series mark is £200 plus VAT. The UK intellectual Property Office is: £170 for a series mark containing 2 marks and an additional £50 for ever mark after this added (maximum 6).

 

If you are unsure whether you are eligible for a series mark or wish to discuss whether this application is right for you, please contact the trademark room today.

 

Anna Orchard
This entry was posted on November 26, 2019 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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