Blog

  • Posted by Jane Coyle on August 10, 2017 / Posted in Trade Marks
    A co-existence agreement is between the existing trade mark owner and the applicant, in which the applicant promises to only use the mark in respect of a certain number of goods and services.
    When registering a trade mark, if you are trying to register a mark which has already been registered in a similar class of goods and services, it is very likely you will not succeed. If you were to register a trade mark which is similar to an existing trade mark, the owner will receive a notification of your application and is likely to file an opposition. This may spell the end of your application. However, there is a circumstance where all parties can be happy, through a co-existence [...]
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  • Posted by Jane Coyle on August 09, 2017 / Posted in Trade Marks
    Reputable make up brand Estée Lauder have come up fire for copycat packaging are a claim has been filed by Tatcha.
    Reputable make up brand Estée Lauder have come up fire for copycat packaging are a claim has been filed by Tatcha. Tatcha are a luxury skincare brand who also offer a line of cosmetics, including lipsticks. In April 2015 Tatcha introduced their first lipstick, Tatcha Kyoto Red Silk.  As part of its overall design, Tatcha promoted it as having an ‘elegant and striking trade dress’. This trade dress included a single coloured case with the brand displayed on the cap, a [...]
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  • Posted by Jane Coyle on August 08, 2017 / Posted in Trade Marks
    While it is a cost-effective way to protect your brand, it is essential that the money is not wasted and your application has the best chance of success.
    A trade mark application is a great way to ensure that your brand is protected against any unauthorised use. While it is a cost-effective way to protect your brand, it is essential that the money is not wasted and your application has the best chance of success. In order for this to occur, it is important that you avoid a number of elements. If you were to include these elements, it is very likely your application will be refused and you will lose the investment you have made to submit the [...]
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  • Posted by Jane Coyle on August 07, 2017 / Posted in Trade Marks
    It is a common misconception that an acceptance of a business name by Companies House means that business is automatically entitled to register that business name as a trade mark. This view is wrong.
      It is a common misconception that an acceptance of a business name by Companies House means that business is automatically entitled to register that business name as a trade mark. This view is wrong. Companies House are the body in the UK which regulate the incorporation of companies. It is their job to ensure that businesses are not all registered with the same name. This would of course cause confusion and could present problems as the businesses trade. However, just because [...]
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  • Posted by Jane Coyle on August 07, 2017 / Posted in Trade Marks
    It is important to ensure that your trade mark covers exactly what you need it to, otherwise your mark and business will not be adequately protected.
    It is important to ensure that your trade mark covers exactly what you need it to, otherwise your mark and business will not be adequately protected. A registered trade mark can last 10 years, and indefinitely if renewed, therefore it is important that when you apply for a trade mark, you are looking ahead. You need to ensure that your mark covers you for all goods and services as well as all geographical locations your business will be involved in. However, if a new avenue of trade does [...]
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  • Posted by Jane Coyle on August 04, 2017 / Posted in Trade Marks
    The key function of a trade mark is its ability to distinguish the brand from others in the same industry.
    The key function of a trade mark is its ability to distinguish the brand from others in the same industry. To do this, the mark must be distinctive. If an application is made for a non-distinct mark, it will be refused under the Absolute Grounds for Refusal. You may think this is the end of the line but you would be wrong. If a descriptive mark has been used over a period of time and has built up a reputation, it may be possible to claim it has acquired distinctiveness. In order to pursue an [...]
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  • Posted by Jane Coyle on August 04, 2017 / Posted in Trade Marks
    Budget retailer Aldi have come under fire after using the name ‘Champagne Sorbet’ on a frozen dessert product without the permission from the trade association for Champagne.
    Budget retailer Aldi have come under fire after using the name ‘Champagne Sorbet’ on a frozen dessert product without the permission from the trade association for Champagne. The product has been challenged by the trade association for Champagne houses as infringing use of the Protected Designation of Origin (PDO) “Champagne”. A Protected Designation of Origin is a certification mark attached to promote and protect the names of quality agricultural products and [...]
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  • Posted by Jane Coyle on August 01, 2017 / Posted in Trade Marks
    In a bid to aid businesses in their understanding of the trade mark registration process, the UK Intellectual Property Office has created a basic timeline of the key stages.
    In a bid to aid businesses in their understanding of the trade mark registration process, the UK Intellectual Property Office has created a basic timeline of the key stages. This is just a basic timeline of the key stages, but can help you to understand where abouts you may be with your own trade mark. This also indicates at what stages require action from you ( or The Trademarkroom on your behalf) and when the UK IPO are required to take action. You can find the timeline here: [...]
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  • Posted by Jane Coyle on August 01, 2017 / Posted in Trade Marks
    Poundland under pressure to drop Toblerone copycat from store release.
    Discount shops have been notorious for stepping over the line, creating products which go beyond subtle similarity. There are many products in shops today which are clearly a copy of a popular brand in order to raise sales by association. Poundland has been caught in the act. Mondelez, the confectionary company which create Toblerone, have been threatening to take legal action against Poundland as they are unhappy with their new release. Poundland are planning to release this summer a [...]
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