Blog

  • Posted by Jane Coyle on September 09, 2015 / Posted in Trade Marks
    Craft beers need trademarks too! Is your brand protected with a registered trademark?
    Craft beers need trademarks too! Is your brand protected with a registered trademark? The rise in #craftbeers could potentially lead to a rise in trademark infringement if the #brand name is not protected with a registered trademark.  Filing a trademark is even more important if the brand is new as you will not have built up unregistered rights and it will more difficult to protect your rights as evidence that the brand is yours will be thin on the ground. If you have a regsitered [...]
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  • Posted by Jane Coyle on September 09, 2015 / Posted in Trade Marks
    Coke slaps rum upstart for using its trademark
    Coke slaps rum upstart for using its trademark A Kiwi Rum company is in trouble for using soft drinks giant Coca-Cola's prized trademark name. A small liquor company going by the name Stolen Rum was recently made aware that they had breached drinks giant Coca Cola’s trademark ‘Coke’ in their new drink ‘Smoke and Coke’. Kyle Milne (Stolen Rums Chief Financial Officer) said Stolen Rum quickly removed reference to the Smoke and Coke name after being quietly made aware [...]
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  • Posted by Jane Coyle on September 08, 2015 / Posted in Trade Marks
    Daimler loses trademark appeal
      Daimler loses trademark appeal   Luxury car maker Daimler (aka Mercedes) has lost its bid to prevent a Chinese construction machinery firm from using what it perceives to be a similar logo in New Zealand. According to a judgment released from the Court of Appeal today, Daimler opposed registration of the Sany logo as it believed it would deceive or cause confusion because of its similarity to the Daimler trademarks. Sany was created to be used for heavy construction and [...]
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  • Posted by Jane Coyle on September 08, 2015 / Posted in Trade Marks
    Street Food Traders need Trademarks Too!
    Street Food Traders need Trademarks Too! The growing trend for street food across the UK has led an explosion of new food brands but are they protected with a trademark? We have been contacted by a number of traders who are unhappy due to other traders allegedly infringing their trademark. Twitter seems to be a natural place to air these grievances for those who often don't have a permanent base/legal assistance/admin support or the cash to fight a legal case. One way to tackle this is to [...]
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  • Posted by Jane Coyle on September 07, 2015 / Posted in Trade Marks
    BBC issues trailer for Grand Theft Auto docudrama, despite Rockstar’s trademark objections
    BBC issues trailer for Grand Theft Auto docudrama, despite Rockstar’s objections   Rockstar is the company that created the highly popular action based video game series Grand Theft Auto. The game has sold millions of copies over the years up to the staggering total of 220 million sales (last recorded 2015), it would be no exaggeration to say this game revolutionised the gaming market to how we know it today. The British Broadcasting Corporation has released a trailer for The Game [...]
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  • Posted by Waheedan Jariwalla on September 07, 2015 / Posted in Trade Marks
    When people think of trademarks, what comes to mind immediately are words or logos. But did you know that things like scents, fragrances and flavors can be registered as well?
    When people think of trademarks, what comes to mind immediately are words or logos.  But did you know that things like scents, fragrances and flavors can be registered as well? The scent of a product may be registrable if it is used in a nonfunctional manner. Scents that serve a utilitarian purpose, such as the scent of perfume or an air freshener, are functional and not registrable. If a scent is not functional, it may be eligible for registration on the Principal Register under [...]
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  • Posted by Jane Coyle on September 07, 2015 / Posted in Trade Marks
    Trade marks that contain any indication, whether by certain words or by a figurative form, that the mark is affiliated or approved by the Royal institution, are prohibited unless you can show that consent has been obtained from the relevant body.
    Can I use the term Royal in my Trademark. Trade marks that contain any indication, whether by certain words or by a figurative form, that the mark is affiliated or approved by the Royal institution, are prohibited unless you can show that consent has been obtained from the relevant body. The Legislation Section 4(1) of the 1994 Trade Mark Act will apply, and states that: "A trade mark which consists of or contains – (a) the Royal arms, or any of the principal armorial bearings of the [...]
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  • Posted by Jane Coyle on September 07, 2015 / Posted in Trade Marks
    Should I register my trademark in the UK or the EU?
    Should I register my trademark in the UK or the EU? The protection afforded by a trade mark extends to the country or countries for which that registration is made. In other words, if you are applying for a Community Trade Mark your monopoly in that trade mark covers all 28 member states, if you register a trade make in the UK your protection will extend to the UK only. It is best practice for a company to protect itself in the county or countries in which it trades. If you trade in [...]
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  • Posted by Jane Coyle on September 04, 2015 / Posted in Trade Marks
    A Trademark application may still prove problematic.
    Dismaland v Disney Land Trademark UK Copyright provisions allow some parodies that may save Banksy’s “Dismaland” exhibition from infringing Disney’s intellectual property rights. A Trademark application however may still prove problematic. The park, situated in a former outdoor swimming pool in the English town of Weston-super-Mare, in Somerset, features a rundown Disney-style castle as well as several other art exhibitions, some of which are takes on Disney characters. [...]
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  • Posted by Jane Coyle on September 03, 2015 / Posted in Trade Marks
    For a series of marks to be registered the trademarks in the series must resemble each other
    Applying to register a series trademark   Section 41(2) of the Trade Marks Act 1994 states: "A series of trade marks means a number of trade marks which resemble each other as to their material particulars and differ only as to matters of a non distinctive character not substantially affecting the identity of the trade mark".   For a series of marks to be registered the marks in the series must resemble each other. The differences between the trade marks must not have a [...]
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