Blog

  • Posted by Jane Coyle on August 12, 2015 / Posted in News
    Should Google have contacted the Trade Mark Room for a trade mark search first?
    Google has announced that they are going to be rebranded as Alphabet.  Alphabet is set to be the parent company with Google being the largest business. Maybe Google should have contacted the Trade Mark Room for a trade mark search first. It appears that BMW own the Alphabet trade mark and the alphabet.com domain name and do not wish to sell. BMW offer service packages to corporations with vehicle fleets under this trade mark and is looking into whether Google has infringed any trade mark [...]
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  • Posted by Jane Coyle on August 12, 2015 / Posted in Trade Marks
    The main purpose of intellectual property rights is to give the owner exclusive rights over the work and to allow them to control it as they wish.
      The main purpose of intellectual property rights is to give the owner exclusive rights over the work and to allow them to control it as they wish. These rights are limited, however, by European Union law. The Doctrine of Exhaustion of Rights, originating from Article 7(1) of the Trade Mark Directive 2008/95, states that the intellectual property owner holds only the right to place their work on the market for the first time. Once the goods have been put onto the EU market for the first [...]
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  • Posted by Jane Coyle on August 12, 2015 / Posted in Trade Marks
    geographic origin trade marks
    The Trade Marks Act 1994 prohibits the registration of marks that consist exclusively of signs or indications which may serve in trade to designate the geographical origin of goods or services. A good example of this is if you are a company that sells clothing and are called Saville Row, the public already are aware that the road in London is famous for their clothing retailers and will presume that the clothing has come from there. There are however some circumstances in [...]
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  • Posted by Jane Coyle on August 11, 2015 / Posted in Trade Marks
    A brief look into the remedies that are available for trade mark infringement.
    The proprietor of a registered trade mark is entitled to remedies for infringement. Damages for trade mark infringement are compensatory, it is intended that the damages will put the trade mark proprietor to the position they would have been before the infringement. An account of profit may be awarded. The aim of this is to deprive the infringer of the benefit arising from the act of trade mark infringement. An injunction may be awarded to stop the infringer from performing the infringing acts. [...]
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  • Posted by Waheedan Jariwalla on August 11, 2015 / Posted in Trade Marks
    Apple’s newest venture is into the medical industry.
    Apple’s newest venture is into the medical industry.  Recently, it revealed “ResearchKit” which is an “ResearchKit is an open source framework introduced by Apple that enables your iOS app to become a powerful tool for medical research. Easily create visual consent flows, real-time dynamic active tasks, and surveys using a variety of customizable modules that you can build upon and share with the community. And since ResearchKit works seamlessly with HealthKit, [...]
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  • Posted by Jane Coyle on August 11, 2015 / Posted in Trade Marks
    Many are surprised to learn that three dimensional shapes can be registered as trade marks in the UK then subsequently in the EU
      Trade marks that are submitted for consideration of application can come in two forms. Traditional marks are generally in the form of words, lines and 2D shapes. Non-traditional marks can come in many forms including colours, shapes and smells. Many are surprised to learn that three dimensional shapes can be registered as trade marks in the UK then subsequently in the EU. There is a number of well-known products from brands are protected by trade mark registration. The world famous [...]
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  • Posted by Jane Coyle on August 10, 2015 / Posted in News
    Michael Jordan has attempted to have certain trade marks revoked in China.
    Michael Jordan has lost his trade mark battle in China. The world famous basketball star alleged that Qiaodan Sports misused his name and several marks. In an interesting game of words, the word ‘Qiaodan’ is a transliteration of Mr Jordan’s name in China. The disputed marks include the number 23 and the Jumpman logo that are associated with the Air Jordan brand. On appeal at the High People’s Court, Mr Jordan attempted to revoke some of Qiaodan Sports registered trade [...]
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  • Posted by Jane Coyle on August 10, 2015 / Posted in Trade Marks
    Any mark that is registered in the European Union is a Community Trade Mark (CTM). The criteria are similar to that of a UK registered mark but the owner can protect their brand throughout the EU’s 28 member states.
    Any mark that is registered in the European Union is a Community Trade Mark (CTM). The criteria are similar to that of a UK registered mark but the owner can protect their brand throughout the EU’s 28 member states. The countries covered by a CTM registration are Austria, Benelux (Belgium, the Netherlands and Luxembourg), Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, [...]
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  • Posted by Jane Coyle on August 07, 2015 / Posted in Trade Marks
    A brief overview of the different ways you can register your trade mark and the pros and cons to your business
      UK Trade Mark- A UK trade mark is registered with the UK Intellectual Property Office and just covers any infringement in the UK. An application for registration costs £200 Pro: A cost effective way to create a strong brand for your business Con: This does not stop anyone in the rest of the EU member states from infringing your mark   Community Trade Mark - A Community Trade Mark (CTM) is a mark that is registered for all 28 member states of the European Union. The [...]
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  • Posted by Jane Coyle on August 06, 2015 / Posted in Trade Marks
    A trade mark gives the owner the exclusive right to prevent others from using the mark.
    A registered trade mark gives the owner the exclusive right to prevent others from using a similar or identical mark in respect to the designated goods or services. If someone is using a similar or identical mark, to the registered trade mark, an action of trade mark infringement for unauthorised use of the mark may arise. Research should be done to establish the extent of the infringing acts. If someone is using your trade mark on their website, screenshots of the mark would demonstrate the [...]
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