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Articles from 2009
Your trade mark may already be registered 18 December 2009
WHat should you do before applying to register your trade mark
The Company Names Tribunal 18 December 2009
Company name adjudications
Trade marks can be rejected by the UK IPO 18 December 2009
A summary of the types of trade marks that can be rejected
Smell Marks 16 December 2009
Are smell marks registrable.
Groundless Threats - The Basics 16 December 2009
This article looks at the basics of groundless threats.
International Applications 16 December 2009
There is no such thing as a "world-wide" trade mark however you can have an international application.
When is the right time to register my mark? 11 December 2009
This article looks at the right time to register a trade mark
Trade marks and passing off 11 December 2009
If your mark is unregistered can it be protected?
Is my trade mark distinctive? 11 December 2009
Will my trade mark pass the distinctiveness test
The Shape of Goods - Substantial Value 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2). This article looks at shapes giving substantial value to the goods..
The Shape of the Goods - Technical Step 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2). This article looks at the technical step.
The Shape of the Goods Themselves 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2).
Invalidating or revoking a trade mark 3 December 2009
Even if a brand name has been granted statutory protection by the grant of a registered trade mark, this is not in itself a guarantee of the validity of that trade mark.
Shall I register in the UK or EU? 2 December 2009
If you are not sure on whether to register in the UK or EU then have read of this article.
©, ® or TM? 2 December 2009
What does it mean when a company uses ©, ® or TM?
factors for registration 2 December 2009
This article describes some of the factors which the trade mark examiner will take into account when deciding whether your mark should be registered.
Oppositions 2 December 2009
A brief look at oppositions against trade mark applications
Why your application may not be successful 2 December 2009
A look at the two hurdles your trade mark must overcome before it can be registered
Intellectual Property Infringement 27 November 2009
A practical guide to what you should consider if a third party is infringing your IP.
Trade Mark dilution, a brief note. 26 November 2009
This article takes a brief look at trade mark dilution.
When should I register a trade mark? 26 November 2009
In the UK, registration can take up to five months, it is therefore important to begin the registration process early.
Trade marks and copyright explained 26 November 2009
This article details the differences between copyrights and trade marks.
Am I under an obligation to register? 25 November 2009
You are under no obligation to register your trade mark or brand name, however, if you choose not to, you should be aware of the following...
What is a trade mark? 23 November 2009
Arguably a simple question, but much explanation is needed to answer it!
WHY REGISTER A TRADE MARK? 19 November 2009
A look at the point and process of trade mark registration in the UK. Remember most international applications require a 'priority' home registration first.
Boo Hoo and an Injunction 15 November 2009
Examples of trade marks 7 November 2009
Section 1 of the Trade Marks Act 1994 defines a trade mark....
Famous Brands 7 November 2009
Interbrand's Survey 2009
A brand or Trade Mark? 7 November 2009
Confusion often crops up when we are asked about what a brand is for?
Groundless threats 3 November 2009
One party can be found liable for making ‘groundless threats’ against another party for allegedly infringing certain intellectual property rights.
Trade Marks and the Statutory background 1 November 2009
A quick guide to the laws that govern UK Trade mark law
How to choose a trademark. Trade mark clearance 1 November 2009
The clearance process can often be the hardest part
Public policy or morality 23 October 2009
An application will not succeed if the trade mark in question is contrary to public policy or morality.
The use of names as trade marks 23 October 2009
A registered trade mark gives a monopoly over the use of that trade mark for certain goods or services. There are therefore dangers in allowing the registration of a name.
Infringment of a registered trade mark 23 October 2009
What to look out for when your trade mark is infringed
The Queen's Head 15 September 2009
Section 4(4) covers prima facie unregisterable marks
By George! 15 September 2009
Section 4 - Marks consisting of heraldic, crown or other protected symbols are prima facie unregisterable
Philips shaver heads and technical function 15 September 2009
Article 3(1)(e) of the Community Trade Marks Directive is equivalent to s3(2)(b) of the Trade Marks Act 1994 and covers shapes
3D shapes as marks 14 September 2009
Section 3(2) of the Trade Marks Act 1994 deals with shape signs, here are some more cases to explain practice
That smell is making me sieck mann 14 September 2009
Section 3(2) of the Trade Marks Act 1994 continued with further leading cases to help explain the registerability of non-convential signs
Section 3(2) 14 September 2009
Section 3(2) of the Trade Marks Act 1994 deals with shape signs
I remember that mark from Bach in the day 14 September 2009
Section 3(1)(d) of the Trade Marks Act 1994 may be overcome by acquired distinctiveness
Stop smoking and sign this survey 14 September 2009
Section 3(1)(d) of the Trade Marks Act 1994 prohibits signs which consist exclusively of signs which have become customary in the trade, and survey evidence
Our F1 opinion 8 September 2009
Section 3(1)(d) Trade Marks Act 1994 and F1 - Commentary on the decision in the F1 case
Trade Marks Act 1994 and F1 8 September 2009
Further examination of the F1 case
What? Why? 8 September 2009
Section 3(1) Trade Marks Act 1994 - Further examination of the decision in the F1 case
F1 = Formula 1 ?? 8 September 2009
Section 3(1)(d) Trade Marks Act 1994 and a case which can be used to help interpret the section.
My what a dry baby! 3 September 2009
Section 3(1)(c) of the Trade Marks Act 1994 and case-law including BABY-DRY
Up the Arsenal 3 September 2009
Section 3(1)(b) of the Trade Marks Act 1994 and case-law
Not a sign of the times 3 September 2009
Section 3(1)(a) of the Trade Marks Act 1994 and unregisterable signs under section 1(1) of the Trade Marks Act 1994
Sign of the times 3 September 2009
Section 3(1)(a) of the Trade Marks Act 1994 and registerable signs
Unregistered earlier marks 3 September 2009
Section 2(2) of the Trade Marks Act and unregistered earlier rights
Trade Marks mean points, points mean prizes 3 September 2009
Section 2(1) of the Trade Marks Act 1994 and trade marks as property rights
Certification marks 3 September 2009
Section 1(2) of the Trade Marks Act 1994 - including certification marks
Hey, we're a collective - let's get a mark! 3 September 2009
Section 1(2) of the Trade Marks Act 1994 including collective marks and certification marks
Starting at the start... 3 September 2009
Section 1(1) of the Trade Marks Act 1994 - Looking in turn at the sections of the Trade Mark Act 1994
Top Ten Brands 26 August 2009
Have you reached the top ten yet?
This is mine! 26 August 2009
Why a trademark ?
Before you register your trade mark you must decid 26 August 2009
There are a number of avenues which you must consider before you file your trade mark – this article discusses those avenues.
The revocation of a trade mark for ‘non use’. 26 August 2009
This article details the law in respect of the revocation of a trade mark under sections 46(1)(a) and 46(1)(b) of the Trade Mark Act 1994.
Trade Marks and registered Company names 26 August 2009
A company's name is treated as separate to a company's trade mark and the two should not be confused.
Trade Mark Registrations EU - The Process 26 August 2009
This article will discuss the process that an application in the EU must go through in order to acquire registered status.
Trade Mark Registrations UK - The Process 26 August 2009
This article will discuss the process that an application in the UK must go through in order to acquire registered status.
Transactions involving Trade Marks 26 August 2009
Some of the advantages of notifying the relevant Trade Mark Registry of a business transaction that involves a Trade Mark
Why should you register your trade mark? 26 August 2009
This article looks at the benefits of registering your trade mark
How to licence or assign your trade mark 26 August 2009
This article looks at the details of assignment or licence
Advantages and disadvantages of trade mark licence 26 August 2009
This article looks at the advantages and disadvantages of trade mark assignment and licence
Examples of Trademarks 26 August 2009
The complete list of trademarks
Duration of a Registered Trade Mark 26 August 2009
This article looks at the duration of protection provided by a registered trade mark.
Defences to UK registered trade mark infringement 26 August 2009
Your trade mark may already be registered 18 December 2009
WHat should you do before applying to register your trade mark
The Company Names Tribunal 18 December 2009
Company name adjudications
Trade marks can be rejected by the UK IPO 18 December 2009
A summary of the types of trade marks that can be rejected
Smell Marks 16 December 2009
Are smell marks registrable.
Groundless Threats - The Basics 16 December 2009
This article looks at the basics of groundless threats.
International Applications 16 December 2009
There is no such thing as a "world-wide" trade mark however you can have an international application.
When is the right time to register my mark? 11 December 2009
This article looks at the right time to register a trade mark
Trade marks and passing off 11 December 2009
If your mark is unregistered can it be protected?
Is my trade mark distinctive? 11 December 2009
Will my trade mark pass the distinctiveness test
The Shape of Goods - Substantial Value 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2). This article looks at shapes giving substantial value to the goods..
The Shape of the Goods - Technical Step 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2). This article looks at the technical step.
The Shape of the Goods Themselves 10 December 2009
Shape marks can now be registered as long as they do not consist exclusively of the provisions of s3(2).
Invalidating or revoking a trade mark 3 December 2009
Even if a brand name has been granted statutory protection by the grant of a registered trade mark, this is not in itself a guarantee of the validity of that trade mark.
Shall I register in the UK or EU? 2 December 2009
If you are not sure on whether to register in the UK or EU then have read of this article.
©, ® or TM? 2 December 2009
What does it mean when a company uses ©, ® or TM?
factors for registration 2 December 2009
This article describes some of the factors which the trade mark examiner will take into account when deciding whether your mark should be registered.
Oppositions 2 December 2009
A brief look at oppositions against trade mark applications
Why your application may not be successful 2 December 2009
A look at the two hurdles your trade mark must overcome before it can be registered
Intellectual Property Infringement 27 November 2009
A practical guide to what you should consider if a third party is infringing your IP.
Trade Mark dilution, a brief note. 26 November 2009
This article takes a brief look at trade mark dilution.
When should I register a trade mark? 26 November 2009
In the UK, registration can take up to five months, it is therefore important to begin the registration process early.
Trade marks and copyright explained 26 November 2009
This article details the differences between copyrights and trade marks.
Am I under an obligation to register? 25 November 2009
You are under no obligation to register your trade mark or brand name, however, if you choose not to, you should be aware of the following...
What is a trade mark? 23 November 2009
Arguably a simple question, but much explanation is needed to answer it!
WHY REGISTER A TRADE MARK? 19 November 2009
A look at the point and process of trade mark registration in the UK. Remember most international applications require a 'priority' home registration first.
Boo Hoo and an Injunction 15 November 2009
Examples of trade marks 7 November 2009
Section 1 of the Trade Marks Act 1994 defines a trade mark....
Famous Brands 7 November 2009
Interbrand's Survey 2009
A brand or Trade Mark? 7 November 2009
Confusion often crops up when we are asked about what a brand is for?
Groundless threats 3 November 2009
One party can be found liable for making ‘groundless threats’ against another party for allegedly infringing certain intellectual property rights.
Trade Marks and the Statutory background 1 November 2009
A quick guide to the laws that govern UK Trade mark law
How to choose a trademark. Trade mark clearance 1 November 2009
The clearance process can often be the hardest part
Public policy or morality 23 October 2009
An application will not succeed if the trade mark in question is contrary to public policy or morality.
The use of names as trade marks 23 October 2009
A registered trade mark gives a monopoly over the use of that trade mark for certain goods or services. There are therefore dangers in allowing the registration of a name.
Infringment of a registered trade mark 23 October 2009
What to look out for when your trade mark is infringed
The Queen's Head 15 September 2009
Section 4(4) covers prima facie unregisterable marks
By George! 15 September 2009
Section 4 - Marks consisting of heraldic, crown or other protected symbols are prima facie unregisterable
Philips shaver heads and technical function 15 September 2009
Article 3(1)(e) of the Community Trade Marks Directive is equivalent to s3(2)(b) of the Trade Marks Act 1994 and covers shapes
3D shapes as marks 14 September 2009
Section 3(2) of the Trade Marks Act 1994 deals with shape signs, here are some more cases to explain practice
That smell is making me sieck mann 14 September 2009
Section 3(2) of the Trade Marks Act 1994 continued with further leading cases to help explain the registerability of non-convential signs
Section 3(2) 14 September 2009
Section 3(2) of the Trade Marks Act 1994 deals with shape signs
I remember that mark from Bach in the day 14 September 2009
Section 3(1)(d) of the Trade Marks Act 1994 may be overcome by acquired distinctiveness
Stop smoking and sign this survey 14 September 2009
Section 3(1)(d) of the Trade Marks Act 1994 prohibits signs which consist exclusively of signs which have become customary in the trade, and survey evidence
Our F1 opinion 8 September 2009
Section 3(1)(d) Trade Marks Act 1994 and F1 - Commentary on the decision in the F1 case
Trade Marks Act 1994 and F1 8 September 2009
Further examination of the F1 case
What? Why? 8 September 2009
Section 3(1) Trade Marks Act 1994 - Further examination of the decision in the F1 case
F1 = Formula 1 ?? 8 September 2009
Section 3(1)(d) Trade Marks Act 1994 and a case which can be used to help interpret the section.
My what a dry baby! 3 September 2009
Section 3(1)(c) of the Trade Marks Act 1994 and case-law including BABY-DRY
Up the Arsenal 3 September 2009
Section 3(1)(b) of the Trade Marks Act 1994 and case-law
Not a sign of the times 3 September 2009
Section 3(1)(a) of the Trade Marks Act 1994 and unregisterable signs under section 1(1) of the Trade Marks Act 1994
Sign of the times 3 September 2009
Section 3(1)(a) of the Trade Marks Act 1994 and registerable signs
Unregistered earlier marks 3 September 2009
Section 2(2) of the Trade Marks Act and unregistered earlier rights
Trade Marks mean points, points mean prizes 3 September 2009
Section 2(1) of the Trade Marks Act 1994 and trade marks as property rights
Certification marks 3 September 2009
Section 1(2) of the Trade Marks Act 1994 - including certification marks
Hey, we're a collective - let's get a mark! 3 September 2009
Section 1(2) of the Trade Marks Act 1994 including collective marks and certification marks
Starting at the start... 3 September 2009
Section 1(1) of the Trade Marks Act 1994 - Looking in turn at the sections of the Trade Mark Act 1994
Top Ten Brands 26 August 2009
Have you reached the top ten yet?
This is mine! 26 August 2009
Why a trademark ?
Before you register your trade mark you must decid 26 August 2009
There are a number of avenues which you must consider before you file your trade mark – this article discusses those avenues.
The revocation of a trade mark for ‘non use’. 26 August 2009
This article details the law in respect of the revocation of a trade mark under sections 46(1)(a) and 46(1)(b) of the Trade Mark Act 1994.
Trade Marks and registered Company names 26 August 2009
A company's name is treated as separate to a company's trade mark and the two should not be confused.
Trade Mark Registrations EU - The Process 26 August 2009
This article will discuss the process that an application in the EU must go through in order to acquire registered status.
Trade Mark Registrations UK - The Process 26 August 2009
This article will discuss the process that an application in the UK must go through in order to acquire registered status.
Transactions involving Trade Marks 26 August 2009
Some of the advantages of notifying the relevant Trade Mark Registry of a business transaction that involves a Trade Mark
Why should you register your trade mark? 26 August 2009
This article looks at the benefits of registering your trade mark
How to licence or assign your trade mark 26 August 2009
This article looks at the details of assignment or licence
Advantages and disadvantages of trade mark licence 26 August 2009
This article looks at the advantages and disadvantages of trade mark assignment and licence
Examples of Trademarks 26 August 2009
The complete list of trademarks
Duration of a Registered Trade Mark 26 August 2009
This article looks at the duration of protection provided by a registered trade mark.