Blog

  • Posted by Jane Coyle on August 24, 2015 / Posted in Trade Marks
    A "trademark" is a word, name or symbol which is used to identify particular products or services offer by a particular manufacturer or from a particular source
    What is a "trademark?”   Legal Definition: A "trademark" is a word, name or symbol which is used to identify particular products or services offer by a particular manufacturer or from a particular source. The trademark distinguishes and authenticates a product of a particular manufacturer from similar products offered by others. Why should I trademark: The owner of the trademark has the right to prevent others from using the same or similar trademark on their [...]
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  • Posted by Jane Coyle on August 24, 2015 / Posted in Trade Marks
    If you are considering filing a trade mark application in the European Community you must be aware of the risks concerning national trade mark registrations
    If you are considering filing a trade mark application in the European Community you must be aware of the risks concerning national trade mark registrations which can potentially create obstacles to your mark becoming registered. This is because a search undertaken by a UK trade mark attorney / solicitor may not undertake searches at national registries of EC member states (apart from the UK) and therefore will be unable to identify existing national registered or pending rights which may cause [...]
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  • Posted by Jane Coyle on August 21, 2015 / Posted in Trade Marks
    After a 45 year battle, the family feud over the estate of legendary guitar player Jimi Hendrix has been settled.
    After a 45 year battle, the family feud over the estate of legendary guitar player Jimi Hendrix has been settled. Hendrix’s adopted sister, Janie and her company Experience Hendrix LLC owns the rights to the estate and claimed that Leon Hendrix, Jimi’s brother and his respective company HendrixLicensing.com had infringed trademarks as well as other rights. Jimi Hendrix died in 1970 without a will. At the time the estate was passed on to his father, Al. Following his passing in [...]
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  • Posted by Jane Coyle on August 21, 2015 / Posted in Trade Marks
    What is a trademark opposition at the UKIPO?
    Once the UK Intellectual Property Office has accepted an application for a trade mark for registration, the mark will then be advertised in the Trade Mark Journal. Following this, there is a period of two months which allows anyone else to oppose the registration of your trade mark.  The term 'opposition' is the legal procedure which allows anyone to try and stp the registration of a pending trademark. A pending mark may face an opposition for a number of reasons.  The most [...]
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  • Posted by Jane Coyle on August 20, 2015 / Posted in News
    The US government is attempting to restrict the use of a motorcycle clubs trade mark.
    A trade mark is a badge of origin, it designates goods and services from one undertaking from those of another undertaking. It signals information in relation to the origin of goods, services and even motorcycle clubs! The Mongols Nation Motorcycle Club’s logo is a registered trade mark in the US. Their website states that they are “The baddest 1%er Motorcycle Club known world wide.” By wearing the logo they are displaying their badge of origin, signalling to others that they [...]
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  • Posted by Jane Coyle on August 17, 2015 / Posted in Trade Marks
    As colour trade marks are not traditional, applications to register colours can be problematic.
      As colour trade marks are not traditional, applications to register colours can be problematic. As with every trade mark application, colour registrations has to satisfy section 1 of the Trade Marks Act 1994. The sticking point for many of these applications is the ability to be graphically represented as well as the need for distinctiveness. The Court of the European Union was called on to give clarity to the situation in the case of Libertel Groep BV v Benelux-Merkenbureau [...]
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  • Posted by Jane Coyle on August 17, 2015 / Posted in Trade Marks
    Many firms, including trademarkroom, offers a free trade mark search but is this enough?
        Many firms, including trademarkroom, offers a free trade mark search but is this enough? Many free searches may look like a good option for a small business that is looking to register their brand, however the information it produces is very limited. The search will complete a surface search into the proposed mark but will give all information that is remotely linked. Therefore it may be a better option to instruct trademarkroom to conduct a more in-depth search that can give [...]
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  • Posted by Jane Coyle on August 17, 2015 / Posted in Trade Marks
    One type of unusual trade mark that has been brought to the attention of the courts for further discussion is the registration of smells.
      With business developing, the possibilities for a trade mark are huge. A traditional trade mark that contains words, lines and shapes is no longer the norm, unusual trade marks are coming before the UK IPO for consideration. One type of unusual trade mark that has been brought to the attention of the courts for further discussion is the registration of smells. Any registration of trade mark, whether it is a traditional or unusual type, has to satisfy the criteria outlined in section 1 [...]
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  • Posted by Jane Coyle on August 14, 2015 / Posted in Trade Marks
    Registering your brand as a business has its many advantages. For such a small investment, the financial benefits can be massive. Outlined below are this year’s biggest brands across the world
      Registering your brand as a business has its many advantages. For such a small investment, the financial benefits can be massive. Outlined below are this year’s biggest brands across the world. There businesses all started with a mark registration in their country of origin, leading to them becoming some of the most well-known brands of their time.     1. Apple Estimated value : $247 billion It is no surprise that the world’s most recognised technology [...]
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  • Posted by Jane Coyle on August 13, 2015 / Posted in Trade Marks
    For anyone who is new to business and isn’t actually sure what a trade mark is, this article will outline the bare bones of a trade mark and its benefits.
      For anyone who is new to business and isn’t actually sure what a trade mark is, this article will outline the bare bones of a trade mark and its benefits. A trade mark and a brand are the same, both indicate a unique feature that can help identify a business from its competitors and other in the industry. Every business has a trade mark, whether that is registered or not. The benefit of registration is the ability to prevent others from using the mark in question by submitting a [...]
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