Blog

  • Posted by Jane Coyle on January 13, 2016 / Posted in Trade Marks
    When submitting a trade mark application in the UK, the differing forms and fees may seem quite daunting.
      When submitting a trade mark application in the UK, the differing forms and fees may seem quite daunting. This is a straight forward guide as to which forms are appropriate for you and how much you should expect to spend to complete an application. The fees in relation to a UK trade mark application can differ depending on how much protection you need and how you would like to submit your application. The recommended way to submit an application is online through the UK Intellectual [...]
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  • Posted by Jane Coyle on January 12, 2016 / Posted in Trade Marks
    Is Your Trademark Available? The importance of trademark searches and checks before you file a trademark application
    Is Your Trademark Available? MORRISONS is in trouble over its new branding and trademark for its fresh fish products and it is being challenged by a small family-run fish wholesaler which claims their new branding is too like its own. Morrisons applied to register The Big Fish Company as a trademark for its own-label fish ranges in July of this year (can be viewed here) https://www.ipo.gov.uk/tmcase/Results/1/UK00003116120  The link shows that Morrisons’ trademark application [...]
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  • Posted by Jane Coyle on January 11, 2016 / Posted in Trade Marks
    New EU Trademark Fee Changes
    The New EU Trademark; What You Need to Know About Changes in Fees You may have heard about the new EU trade mark reforms which were enacted in December.  These introduce some very important practical changes on matters such as fee levels, payment dates, representations of trade marks and amendments to existing registrations for class headings. 1.       OHIM will change its name to the European Union Intellectual Property Office (EUIPO) 2. [...]
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  • Posted by Jane Coyle on January 07, 2016 / Posted in Trade Marks
    Revocation means the mark is removed from the register and is open for anyone else to submit an application to gain protection over it.
      After a trade mark has been registered, it has the potential to last for 10 years with the chance of renewal. However, at any point during this period a mark can be revoked for a number of reasons. Revocation means the mark is removed from the register and is open for anyone else to submit an application to gain protection over it. The key reason for a mark to be revoked is through non-use. If a mark is not being used to its full effect, it would not be fair to prevent another party [...]
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  • Posted by Jane Coyle on January 07, 2016 / Posted in Trade Marks
    Trademark Enforcement
    Intellectual Property Enterprise Court (IPEC) can be a sensible way forward for small companies fighting IP (including trademark) disputes. It’s all very well having rights in your trademark but if you had no real  effective remedies then these rights can represent little in the way of real value. This is where the IPEC come in useful!So far it has developed as a far more suitable forum than the English High Court for individuals and small-to-medium enterprises, with the IPEC now [...]
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  • Posted by Jane Coyle on January 06, 2016 / Posted in Trade Marks
    New Trademark Logo Revealed by UKIPO
    Manchester City have designed a new trademark logo. As with many businesses if a new logo is designed it's crucial to protect it with a trademark. This is just what Manchester City did. However as the UKIPO is a public database it meant that it was published before it was officially revealed to fans and other members of the public! This is standard practice however and the trademark application process means that your application will be published on their records for 2 months before it is [...]
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  • Posted by Jane Coyle on January 06, 2016 / Posted in Trade Marks
    In contrast to the absolute must-haves in a successful trade mark, there is also some complete no-go elements that you need to keep very far away from to have the best chance at registration.
      In contrast to the absolute must-haves in a successful trade mark, there is also some complete no-go elements that you need to keep very far away from to have the best chance at registration. These are mainly in relation to how the mark is constructed and contains what can and cannot be included. The first, hopefully obvious, point is that any mark you submit cannot be offensive in any way. This includes the use of any offensive language or adult content. Anything of this nature will [...]
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  • Posted by Jane Coyle on January 06, 2016 / Posted in Trade Marks
    A trademark application is not guaranteed to be approved, however. Therefore, you need to be in the know on how to create a mark that has the best chance of success.
      With 2016 upon us, there is no time like the present to kick-start a new business venture or ensure that any business you are already involved in is a successful as it can be. A key way to represent your business is to register a trade mark. A trade mark could be your business name or a logo that your customers can identify you from. By registering this mark, you prevent anyone else from using it and can start an action of infringement against anyone that does. An application is not [...]
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  • Posted by Waheedan Jariwalla on January 05, 2016 / Posted in Trade Marks
    It has recently been held that the Lanham Act's prohibition against federal registration of "disparaging" trademarks violates the constitutional right to free speech protected by the First Amendment.
    In the U.S. Court of Appeals for the Federal Circuit, it has recently been held that the Lanham Act's prohibition against federal registration of "disparaging" trademarks violates the constitutional right to free speech protected by the First Amendment. The decision was issued via the case In re Tam on 22 December 2015, and was a split decision.  This case revolves around an application filed by Simon Shiao Tam, the leader of a rock band called The Slants, to federally register the band's [...]
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