Blog

  • Posted by TMR TMR on March 18, 2019 / Posted in Trade Marks
    To ensure you have the right protection for your business, you must register your trade mark in the right area.
    There are three levels of protection, which increase in area of protection and fee cost. You need to strike the balance between the immediate need to ensure that your trade mark is protected in the areas in which you trade and the higher level of costs that may occur. National If your main business concentrates on one particular country, your best option may be to apply for a national mark in that country. This will give you a registered trade mark that can only be protected against [...]
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  • Posted by TMR TMR on March 15, 2019 / Posted in Trade Marks
    In a decision handed down a few days ago the EUIPO Fourth Board of Appeal held that despite marks being envisaged for different classes, in some cases, they can still be regarded as confusingly similar and bear the same meaning within the EU.
    In a decision handed down a few days ago the EUIPO Fourth Board of Appeal held that despite marks being envisaged for different classes, in some cases, they can still be regarded as confusingly similar and bear the same meaning within the EU. SO, how did this arise? In early 2009, Applicant Debonair Trading International sought to register ‘SO…?’ as an EU trade mark under Classes 14 and 25 of the Nice Classification. A few months later, the applicants received a notice of [...]
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  • Posted by TMR TMR on March 01, 2019 / Posted in Trade Marks
    You may be able to prevent the other party from using a trade mark that you were using first through passing off.
    You may believe that you have no way of protecting a trade mark that you haven’t registered. Well, you would be wrong. You may be able to prevent the other party from using a trade mark that you were using first through 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’. Goodwill can be difficult to pinpoint but just having a reputation is not enough. The user would [...]
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  • Posted by TMR TMR on March 01, 2019 / Posted in Trade Marks
    When registering a trade mark, it is impossible to register your brand name for every type of goods and every service available.
    When registering a trade mark, it is impossible to register your brand name for every type of goods and every service available. This would create a monopoly over that name and would ultimately prevent businesses from expanding and adapting. Therefore, when submitting your application, you must indicate which goods or which services you would like it to cover. All goods and services are categorised into classes, where like goods and like services are grouped together for ease of registration. [...]
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  • Posted by TMR TMR on March 01, 2019 / Posted in Trade Marks
    The French Organic foods and nutrition company Groupe Léa Nature has lost its appeal for its European trade mark.
    In early 2008, Groupe Léa Nature applied to register its European trade mark (“SO’BiO ētic”) with the EUIPO. The trade mark related to classes 3 (cleaning preparations and cosmetics) and 25 (clothing, footwear and headgear) for organic products. In 2008, the company Debonair opposed the trade mark, as it owned two trade marks (“SO…?”) in the same above classes.   In 2010, the EUIPO opposition division dismissed Debonair’s attempt to have [...]
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  • Posted by Jane Coyle on February 22, 2019 / Posted in Trade Marks
    A hot new trend that entrepreneurs now follow is opening a business that offers delicacies or products from foreign countries. This could include Mexican burritos, Jamaican Rum and Madagascan vanilla.
    A hot new trend that entrepreneurs now follow is opening a business that offers delicacies or products from foreign countries. This could include Mexican burritos, Jamaican Rum and Madagascan vanilla. In many cases these shops simply give the consumer an experience they would not have otherwise tried. However, when a company takes a national association for a product / experience like a Tiki bar and try to trademark the word 'tiki' does it move from mere marketing to cultural poaching​? A [...]
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  • Posted by TMR TMR on February 22, 2019 / Posted in Trade Marks
    It is one thing to release clothing that is inspired by celebrities, but it is another to rip off a complete outfit and infer that the celebrity has approved this.
    These days, budget and high street fashion brands are in a consistent competition to provide the next trend at a cost-effective price. These trends most of time comes from celebrities and the outfits they have put together. It is one thing to release clothing that is inspired by celebrities, but it is another to rip off a complete outfit and infer that the celebrity has approved this. The later is what Missguided have been accused of by Kim Kardashian. Kardashian under her company [...]
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  • Posted by TMR TMR on February 18, 2019 / Posted in Trade Marks
    As a child, there was nothing more exciting than to find the wonderful red round that was a Babybel in your lunchbox.
    As a child, there was nothing more exciting than to find the wonderful red round that was a Babybel in your lunchbox. However, what is surprising to some is that this wax coating was protected by a trade mark. Not any more! Supermarket Sainsburys has successfully filed an invalidation application against this mark, which will now be cancelled. The mark was owned by Fromageries Bel SA, registered in 1996. The registration covered a 3D round wax coating with the colour limited to red. [...]
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  • 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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