Blog

  • Posted by Jane Coyle on June 15, 2016 / Posted in Trade Marks
    When registering a trade mark, you need to be clear of all the elements you need to consider before you can submit your application.
      When registering a trade mark, you need to be clear of all the elements you need to consider before you can submit your application. One of these areas, a very important one, is the classification of your trade mark. Each trade mark needs to be attached to at least one class of goods or services to indicate in what area or industry it will be used. As it would be unfair to allow a mark to be registered for all goods or services, each trade mark must give an indication as to the area [...]
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  • Posted by Jane Coyle on June 08, 2016 / Posted in Trade Marks
    As the pursuer of a trade mark application, you may have been made aware of a trade mark search, and if you have a good legal representative, you will have been told about its importance.
      As the pursuer of a trade mark application, you may have been made aware of a trade mark search, and if you have a good legal representative, you will have been told about its importance. However, you may be wondering exactly just how important it is and whether it is worth the fee it carries. To clarify, a trade mark search is there to look to see if the mark you are proposing is free to be registered. The search will indicate if the exact mark has already been registered and for what [...]
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  • Posted by Jane Coyle on June 08, 2016 / Posted in Trade Marks
    When registering a trade mark, it is essential to ensure that you have the ability to also use that name in other aspects of your business.
      When registering a trade mark, it is essential to ensure that you have the ability to also use that name in other aspects of your business. You want all references to your business to be in line with your trade mark to ensure that there is no confusion arising from your potential customers. These references include any domain name you may use. You need to develop a clear strategy on how to build up your protection. The first step to take is to register your trade mark. This will help [...]
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  • Posted by Jane Coyle on June 08, 2016 / Posted in Trade Marks
    A number of tips to consider when creating a trade mark that you are looking to register with the UK Intellectual Property Office.
      DO make your mark distinctive. A trade mark should be a clear representative of your business therefore it is essential that it is unique to you. This will also allow you to attract customers over and above your competitors. DO NOT copy another brand. While it may be tempting to give yourself a foot up on the ladder by using the attraction and recognition of another brand, this is not the route to pursues. Not only is it very unlikely you will gain registration of this mark, you will be [...]
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  • Posted by Jane Coyle on June 01, 2016 / Posted in Trade Marks
    Following a battle, the Virgin Group has successfully recovered a domain name from a third party which was deemed confusingly similar to their trade mark.
    Following a battle, the Virgin Group has successfully recovered a domain name from a third party which was deemed confusingly similar to their trade mark. The domain in question ‘virgintrains.online’ was registered by WhoisGuard in February 2016. The trade mark that Virgin Group deem it to be in infringement of, ‘Virgin Trains’, was registered as a trade mark in the UK in 1998. In an action to recover the domain, Virgin filed a complaint to the World Intellectual [...]
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  • Posted by Jane Coyle on June 01, 2016 / Posted in Trade Marks
    This is a continuation of a previous article answering the frequently asked questions on all things in relation to trade marks
      Q: What is trade mark infringement? A: Trade mark infringement occurs when a registered trade mark is used by a third party without the permission of its owner. This can have a differing level of effect on the trade mark, potentially damaging the reputation you have built up using your trade mark. Infringement can also occur when a similar mark to one already registered is used. The best way to ensure you will not fall foul of infringement claims is to always conduct  a trade mark [...]
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  • Posted by Jane Coyle on June 01, 2016 / Posted in Trade Marks
    This is a brief guide on the different types of trade marks available to you.
      There are a number of different trade marks established, all with differing benefits and disadvantages. It may not be clear exactly what trade mark registration may be right for you but this guide will briefly explain them to you so you can have a better understanding of your options. UK Trade mark As the name suggests this is a mark registered in the UK. This can be a logo, word or phrase, even a combination of the three, and will only have the ability to be protected within the UK. [...]
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  • Posted by Jane Coyle on June 01, 2016 / Posted in Trade Marks
    It is not enough to just have the trade mark; you need to monitor it to ensure that it is effectively protecting your brand.
      When looking to register a trademark, there are a number of fees attached to the registration process. However, this is not where the fees end. It is not enough to just have the trade mark; you need to monitor it to ensure that it is effectively protecting your brand. This again can take up resources. As a SME, these might be funds that you need to allocate to other areas, therefore allowing the attention given to the monitoring of your trade marks to slip. While you will not be the [...]
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