Blog

  • Posted by TMR TMR on September 05, 2019 / Posted in Trade Marks
    The low-down on Community Designs A registered Community Design is a monopoly right that can expand the intellectual property for your business and give you heightened protection.
    A registered Community Design is a monopoly right that can expand the intellectual property for your business and give you heightened protection. Article 3 of the Design Regulation defines designs as “'The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colour, shape, texture and/or materials of the product itself and/or its ornamentation”. A registered Community Design will not only give you exclusive rights of use [...]
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  • Posted by TMR TMR on September 04, 2019 / Posted in Trade Marks
    Trade Dress Infringement, Trade mark Dilution and Unfair Competition
    It has been long enshrined in trade mark law that a registered trade mark proprietor is protected by law from another entity using their trade mark without their permission (Trade Marks Act 1994 and the Trade Mark Regulation 2018). However, it can be hard for an individual based in the UK to fully understand what trade mark infringement means without understanding the following concepts: -          Trade Dress infringement; [...]
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  • Posted by TMR TMR on August 27, 2019 / Posted in Trade Marks
    The sport and clothing apparel brand New Balance, has sought the recall of some Nautica products that it claims infringes its famous ‘N’ logo trade mark
    The sport and clothing apparel brand New Balance, has sought the recall of some Nautica products that it claims infringes its famous ‘N’ logo trade mark. The ‘N’ logo has been used by New Balance since 1976 with the launch of its iconic New Balance 320 skyrocket shoes. New Balance states that the clothing apparel company Nautica’s recent collection featured the use of its ‘N’ logo on various items such as polo shirts and footwear. This has the potential [...]
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  • Posted by TMR TMR on August 12, 2019 / Posted in Trade Marks
    The high-end cam recorder company GoPro has built a reputation in Europe for selling technologically advanced devices.
    The high-end cam recorder company GoPro has built a reputation in Europe for selling technologically advanced devices. These devices allow for the average person to record memories on footage on land and in the water that looks very life-like in the air or in water. One of its most successful lines is its HERO range which is sold by high-end high street retailers such as John Lewis. As a result, when a Chinese company called Shenzhen applied to register a trade mark for its NightHero Technology, [...]
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  • Posted by TMR TMR on July 18, 2019 / Posted in Trade Marks
    In the UK, there is no specific law dedicated to image rights for individuals.
    In the UK, there is no specific law dedicated to image rights for individuals. As such, registered trademarks could be considered of rather limited utility in dealing with ones image. However some aspects of UK trade mark laws can potentially be utilized and applied to protect some commercial aspects of an individuals persona, which in essence, could have much relation to their image. In certain circumstances, personalities may move beyond endorsement to use their own name or image as the [...]
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  • Posted by TMR TMR on July 18, 2019 / Posted in Trade Marks
    A trade mark search is one of the most crucial steps in the trade mark registration process.
    A trade mark search is one of the most crucial steps in the trade mark registration process. Carrying out a search prior to applying for your proposed mark can have a huge impact on minimizing the level of risk of refusal. Doing this search could also give you an indication as to whether your proposed mark already exists, and whether it is owned by someone else. A trade mark search is available in a number of different forms - ultimately, this will save you expenses and time in the long run [...]
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  • Posted by TMR TMR on July 11, 2019 / Posted in Trade Marks
    Before you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark.
    Before you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark.   These goods and services are divided into 45 classes which you can find using a classification system. Classes 1 – 34 are generally used for products, whereas classes 35 to 45 are used to identify services. Each class does not always include all that can be covered but will give you a general indication as to what it can [...]
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  • Posted by TMR TMR on July 11, 2019 / Posted in Trade Marks
    A trade mark can last forever, as long as you renew it.
    Renewing your trade mark is a fundamental process to keep full protection of your registered mark. Once your mark has been registered, it will have protection for 10 years from the date in which it was filed. Following its renewal, you will have protection for your mark for an additional 10 years thereafter. As long as you remember to renew your mark every decade, you will continue to maintain your protection indefinitely. You can apply to renew your trade mark 6 months prior to its expiration [...]
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  • Posted by TMR TMR on July 11, 2019 / Posted in Trade Marks
    There are several fundamental factors to keep in mind when applying to register your trade mark. Below is a list of things to focus on and things to avoid when making your application.
    DO’s   Do some prior research One of the first steps you should consider is carrying out some thorough research – the more research, the better. It is crucial to ensure that your proposed mark will help you achieve your business goals whilst not infringing someone else’s mark. As such, you may wish to first research whether your proposed mark already exists. The best way to do this is to ask an expert or search the trade mark database of the jurisdiction you wish to [...]
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  • Posted by TMR TMR on June 27, 2019 / Posted in Trade Marks
    It’s a common misconception that once you have registered your mark, you are fully covered.
    It’s a common misconception that once you have registered your mark, you are fully covered. However, another company could still apply for a trade mark that is either highly similar or even identical to yours. A trade mark watch service could heighten your protection extensively by giving you the option to oppose. What is a trade mark watch service? Trade mark watching is a process completed by the trade mark owner, or someone on their behalf, in which any action taken by a third party [...]
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