Reading Room

Articles from 2010

Can I trade mark Slogans 24 August 2010

Slogans and requirements for registering

Trademark Application information I need 19 August 2010

Information you need when making Trademark Application

Frank Zappa, man, legend, trademark 2 July 2010

The widow of Zappa goes after festival.

The basics 2 July 2010

What is a trade mark and what does it do?

Google Adwords and Trade Marks 2 July 2010

This article takes a brief look at the recent ECJ ruling on the use of trade marks in Google Adwords and related advertising or 'sponsored link' services.

CONSECUENCIAS DE LA NO PROTECCION DE MARCAS 1 July 2010

The reasons for protecting a trade mark and the negative consequences.

Union Carbide - it's all in a name 7 June 2010

7 people have recently been convicted of 'negligence' regarding the massive killer gas leak in Bhopal.

EA Sports sued for trade mark infringement 7 June 2010

Over use of the word 'active'

DOS EMPRESAS DIFERENTES PUEDEN EXPLOTAR DOS MARCAS 4 June 2010

Fundamentalmente, este texto trata básicamente de una novedad producida recientemente, en el sistema jurídico español, concretamente en la materia relativa al derecho de marcas, relata una sentencia emitida por el Tribunal Supremo, indicando, que ha si

VENTJAS DE LA PROTECCIÓN DE UNA MARCA 3 June 2010

Spanish - benefits of protection of a trade mark.

Google Adwords and Trade Marks 1 June 2010

This article takes a brief look at the recent ECJ ruling on the use of trade marks in Google Adwords and related advertising or 'sponsored link' services.

Perfume comparison lists trade mark infringement 1 June 2010

The court of appeal has begrudgingly followed the ECJ's ruling regarding lists of comparable perfumes.

Taxation 1 June 2010

How much is your trademark worth?

Trademark Infringement 1 June 2010

What is trade mark infringement and what are the relevant tests?

Notificar 31 May 2010

Una marca similar - Si tú tienes una marca registrada en Reino Unido o en Estados Unidos.

First past the post 12 May 2010

I own a Trade Mark but How will I know if a similar mark is filed to mine?

Assigning and Licensing a trade mark 8 May 2010

If you own a trade mark what then? What about a licence or an assignment

Why a trade mark needs to be distinctive 8 May 2010

It seems like a good idea at the time but descriptive marks can often fail

More questions on Google and Transparency 29 April 2010

The adwords cases went one step further to clarification as Justice Arnold delivered his response to the ECJ's reponses to his 10 questions. With one matter outstanding its only a matter of time before its put to bed for now!

Tea Party Trade Mark dispute 18 April 2010

Who owns the rigths to the mark " Tea Party?" A question that is due to be resolved on 6th December 2010 in US District Court West Palm Beach, Florida, USA

All we hear is... 6 April 2010

Music producer sues Lady Gaga, sues music producer...

US - Tiffany v eBay - the reasons 6 April 2010

A brief couple of soundbites outlining the reasons

Ebay and Tiffany in the US 6 April 2010

Ebay wins in an American appeal court.

Google win Vuitton case 29 March 2010

After 5 years, Google wins, you win again. But it's not all good news. At least not for everyone else.

The Apple iPad Part 2 29 March 2010

Apple gets its hands on the US trade mark for iPad, just in time.

Apple and the iPad trade mark - Part 1 29 March 2010

Big launch.. check, product... check, brochures.. check, IP ... erm...

OHIM to introduce new goods and services 22 March 2010

Goods and Services

Registering your trade mark in the country of manu 18 March 2010

Businesses often overlook registering their mark in the country in which their goods are manufactured in favour of registering in the countries in which the goods are sold.

Bridgestone sues over 'Amberstone' 18 March 2010

Bridgestone Americas the tire company has sued Commerce Max Inc a Texican company that sells 'Amberstone' branded tires.

OHIM Proposals 18 March 2010

OHIM have announced details of proposed changes to the current opposition suspension and extension process.

U.S. Trademarks – The Doctrine of Foreign Equivale 16 March 2010

US trade marks and their foreign equivalents - what this means.

U.S. Trademarks – Refusals Based on Mere Descripti 16 March 2010

More about US trade marks.

U.S. Trademarks - Matter that is used merely as a 16 March 2010

US trade mark law varies considerably, at least in language, from the law in th UK and EU.

U.S. Trademarks - Likelihood of Confusion 16 March 2010

Trademarkroom are specialists in filing US trade marks.

U.S. Trademarks – Consent Between Parties 16 March 2010

CXontrinuing the series on US trade marks

Apple no longer "owns" 'i' in Oz 12 March 2010

Apple have lost a case at IP Australia over the use of the 'i' prefix.

Publication and registration of UK trade marks 12 March 2010

Publication and Registration of UK Trade Marks

Use of CTM Marks 12 March 2010

The Benelux Office for Intellectual Property have released a very interesting decision which has the potential to lead to wide scale revocation proceedings.

Similar Goods and Services 7 March 2010

When goods and or services are similar

Similar trade marks 7 March 2010

What if someone has beaten you to it?

What is passing off? 7 March 2010

Paasing off when you do not have a registered trade mark

When can you use comparative advertising 7 March 2010

Circumstances when comparative advertising is allowed

Trade marks and comparative advertising 7 March 2010

What is comparative advertising?

Trade marks as property 5 March 2010

The nature of a trade mark.

The essential function of a trade mark 5 March 2010

The essential and primary function of a trade mark is to act as a badge (or indication) of origin.

Diageo v Intercontinental Brands – Passing off 4 March 2010

This case confirms the availability of passing off where products have established goodwill and fall within a sufficiently well defined class of goods.

National trade marks and EC applications 26 February 2010

If you are considering filing a trade mark application in the European Community you must be aware of the risks concerning national trade mark registrations which can potentially create obstacles to your mark becoming registered.

Yorkshire Rhubarb 26 February 2010

Rhubarb grown by candlelight in an area of Yorkshire by just 12 farmers known as the Rhubarb Triangle has been given European protected name status.

Vodafone is UK’s leading brand 24 February 2010

Vodafone has been ranked as the UK’s most valuable brand

Slogans - vorsprung durch technik 12 February 2010

Audi may have helped open the door somewhat to the registration of slogan marks in Europe

Filing trade marks in the UK 12 February 2010

After a search - time to file your trade mark.

Trade marks in the UK 12 February 2010

A summary of the process through trademarkroom, starting as ever, with the search.

Licensing and Assigning Trade Marks 4 February 2010

Licensing and Assigning a Trade Mark is an important part of managing your IPR

Fact File Trade Marks 4 February 2010

How long until the trade mark is registered

Why bother? 4 February 2010

Trade Marks, the basics and infringements

The meaning of counterfeit goods 2 February 2010

Goods in transit, trade mark infringment, counterfeit goods ; important questions for the ECJ

When is there a likelihood of confusion 2 February 2010

EU General Court dismisses likelihood of confusion under Article 8(1)(b) of the CTM Regulation

Lego set to lose its trade mark. 2 February 2010

The Advocate General (AG) Mengozzi has advised the ECJ to dismiss Lego 's appeal against the EU General Court's decision that its trade mark, consisting of the three-dimensional shape of a Lego brick is invalid.

Trademarkroom 17 January 2010

Who we are and what we do

International trade marks 17 January 2010

A brief introduction to the registered trade mark system relating to international applications.

Trade marks - the basics 17 January 2010

What does trade mark mean?

When is a Trade Mark Not a Trade Mark? 13 January 2010

A look at problematic types of filings.

UKIPO Right Start Application Service 13 January 2010

A news service from the UK Trade Mark Registry

Trade Mark Scams – Watch Out 13 January 2010

Post-filing a trade mark watch for unsolicited emails, i.e. you didn't ask for them and don't know who they are from.

Offensive trade marks 11 January 2010

It may be possible to register words considered offensive to some, but the law attempts to preclude.

What is Comparative Advertising 11 January 2010

Comparative advertising is the term used to describe advertisements where the goods or services of one trader are compared to the goods or services of another trader.

Why Bother with Trade Marks? 11 January 2010

Trade Mark protection is perhaps one of the most misunderstood legal rights that exists.

Can a Slogan be registered as a Trade Mark? 11 January 2010

Generally slogans will face an objection under Section 3(1)(c) of the Trade Marks Act 1994 if they are comprised of a word combination which is considered the normal way of referring to goods or services or if the Examiner considers the term to be devoid

UK Trade Mark –V- Community Trade Mark 4 January 2010

A comparative look at registering a trade mark in either of the two territories

Cybersquatting - are you guilty 4 January 2010

What to do if you get a letter about cybersquatting

Cybersquatting - a warning 4 January 2010

A typical warning from a company asserting you to be a cyber-squatter

Burger King have it their way in Russia 4 January 2010

Trade mark and domain name dispute in Moscow

Royal Terms Used in Trade Marks 4 January 2010

A look at the trade mark rules that apply to those marks containing words or figurative elements related to the Royal institution

Royal Terms Used in Trade Marks 4 January 2010

A look at the trade mark rules that apply to those marks containing words or figurative elements related to the Royal institution