Blog

  • Posted by Jane Coyle on June 12, 2013 / Posted in Trade Marks
    Invisible and Subliminal Uses of Trade Marks
    As a result of new technologies and new business practices they ways in which trademarks are used has dramatically changed. We have come a long way from the time where trade marks had to be directly marked on products, and are now at the point where we have to answer the difficult question of whether invisible and subliminal uses of trade mark could be sufficient to infringe the exclusive rights of its owner. In a recent article by Jean-Sebastien Dupont two non-traditional ways of using trade [...]
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  • Posted by Jane Coyle on June 12, 2013 / Posted in Trade Marks
    iWatch Trade Mark Application
    There have been rumours that Apple’s next big hardware release would come in the form of an interactive wrist watch. It would seem these speculations are more than mere technological fantasy. Earlier this month a Russian newspaper reported that Apple has allegedly filed a trademark application for the iWatch. Apple filed the application with the Russian Federal Service for Intellectual Property for a pair of international classification of Goods and Services trade marks. However it is [...]
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  • Posted by Jane Coyle on June 12, 2013 / Posted in Trade Marks
    Recognizing and Avoiding Trade Mark Violation.
    It is a common myth that registering a business name or company name gives that business exclusive ownership over that name. Instead, what can happen is a competing organization could register a trade mark using your business’s name thereby preventing you from being able to use that name. Businesses should consider registering a trade mark to, not only distinguish their goods or services from those of their competitors, but protect their name and brand identity against infringement by [...]
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  • Posted by Jane Coyle on June 12, 2013 / Posted in Trade Marks
    Trade marks such as words or figurative marks are an essential part of the “identity” of goods and services.
    They help deliver brand recognition, in logos for example, and play an important role in marketing and communication. It is possible to register a variety of trade marks including words, other graphical representations, and even sounds. Rights owners have a choice of obtaining protection on a country-by-country basis, or using international systems. The Community trade mark (CTM), administered by OHIM, was introduced in 1996 to cover the whole of the European Union and is valid in all 27 Member [...]
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  • Posted by Jane Coyle on June 11, 2013 / Posted in Trade Marks
    A registered Community Trade Mark is valid for ten years from the date of filing of the application. It can be renewed indefinitely for further periods of ten years.
    The process No later than six months before the expiry of the registration OHIM will inform the proprietor, their representative or any other registered right holder(s), in writing, that the registration will be due for renewal. A request for renewal must be submitted and the renewal fee must be paid within a period of six months before the expiry date and may be submitted until the last day of the month in which protection ends. If no request has been filed in time, late renewal is still [...]
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  • Posted by Jane Coyle on June 10, 2013 / Posted in Trade Marks
    Why do a Trademark Search?
    A trademark search is a vital part of the process. It is through the searching process that we can reveal whether your proposed mark is capable of registration. The raison d’etre of the search is to ascertain whether or not there exists an identical or similar mark registered in the same or dissimilar classes that you seek protection in. If you do not carry out a search then you are applying for a trademark ‘blind’ and significantly increase the risks of losing the filing [...]
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