Reading Room

Articles from 2011

Should my trade mark be black and white or colour? 23 November 2011

Does the colour of your trademark matter?

Should I also register my logo as a trade mark? 20 November 2011

To logo or not to logo

Trade mark registration 17 November 2011

Some imporatnt points to note when considering trademark registration

Trade marks - first come first served! 14 November 2011

If you are concerned that a competitor is using your name- be quick to apply to register your trademark.

Poppy trade mark infringement 11 November 2011

Trade mark news

Trade mark pop news! 10 November 2011

Trademark news

What shall I call my new company? 7 November 2011

Factors to influence your new business name

The risks of using a trade mark that is not yours 3 November 2011

Do not use a registered trade mark as part of your business publicity machine.

The power of the brand 1 November 2011

An every day example of why trade marks are so important to business.

EU or UK Trade Mark 31 October 2011

Which one should I go for?

Xfactor band change name 27 October 2011

The value of a trademark is highlighted once again as Rhythmix forced to change name

Can I trade mark my name? 27 October 2011

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.

Going ga ga over goo goo 25 October 2011

Lady Ga Ga secures injunction

UK trademark registration issues 24 October 2011

A look at problems that mght arise when you file a UK trade mark application

EU Trade mark law and UK Trade Marks 22 October 2011

A look at Article 4 of the TM Directive

Why bother with a trademark search? 22 October 2011

A look at why you need to know what is out there

Why trademarks are important to my business. 20 October 2011

Reasons to obtain a trade mark

What is the trademark register? 17 October 2011

A look at the UK IPO trade mark register

Trademark infringement case 14 October 2011

Intel files case for trade mark infringement

UK or EU trademark registration? 12 October 2011

Which type of application do you need?

Can I register my trade mark? 11 October 2011

Tips on what can and cannot be registered

I want a trade mark! 9 October 2011

Do I need to register my trade mark?

Some basic trade mark facts 6 October 2011

A look at some basic trademark facts

Trademark infringement case. 5 October 2011

A new facebook feature in trouble over trade mark infringement?

Trademarks and Domain names. 4 October 2011

Can I register my domain name as a trade mark?

A case of trademark squatting? 3 October 2011

A problem for the founder of Easy Jet and what is trademark squatting?

‘Keep calm and carry on’ Trade Mark Dispute 3 October 2011

A business man from Surrey has prevented other from using the slogan.

Apple loses bid to trademark 'multi-touch' 3 October 2011

Apple have had their application for the trade mark ‘multi-touch’ rejected by the US Patent and Trademark Office.

Trademark news UK 30 September 2011

A recent case of trade mark confusion

Help, someone is using my trademark. 29 September 2011

A famous case plus a look at trade mark infringement.

UK trademark registration issues 28 September 2011

What happens after a UK trade mark as been accepted?

Can I register my trade mark? 27 September 2011

A recent case looks at the common pitfalls of trademark registration.

Has your UK trademark expired? 26 September 2011

The life of a UK trade mark.

UK trade mark news 23 September 2011

The importance of carrying out a trademark search

Using competitors trade marks as Adwords ruling. 23 September 2011

A dispute between Interflora and Marks & Spencer means there could be trade mark infringement for using a competitors trade mark as your keyword in Adwords.

EU trademark news 22 September 2011

A look at how rejection in one member state can damage the whole EU trade mark application

'Let Your Ad Meet Tweets' disputed by Twitter 22 September 2011

'Let Your Ad Meet Tweets' has been disputed by Twitter as it contains the word ‘Tweets’.

Trademarks and the new domain. 21 September 2011

A look at how the new .xxx domain may affect your trade mark.

EU trademark news 20 September 2011

A well known EU trade mark comes under fire.

Trade mark news 19 September 2011

Trademark song title in court battle

The importance of trade mark registration. 16 September 2011

A look at how trademarks can increase the value of your business abroad

UK trademarks and obscenities 15 September 2011

Can I use obscenities in my uk trade mark?

Trade mark news. 14 September 2011

An interesting trademark news article about trade marks and obscenity rules.

Copyright vs. trademark. 13 September 2011

Do I need copyright or trade mark to protect my business?

My trade mark 13 September 2011

How do I change the ownership of my trade mark?

An increase in trademark disputes? 12 September 2011

A change in domain addresses could lead to an increase in trade mark disputes.

Glossary of common trade mark terms. 9 September 2011

An explanation of what some of the common trademark phrases mean.

Good news for UK trade mark. 8 September 2011

The success story of a geographical trademark.

Why has my UK trade mark been refused 7 September 2011

Reasons why your UK trademark application may be refused (ii)

Why has my UK trade mark application been refused? 6 September 2011

Reasons why trademarks are refused (i)

Trademarkroom is best at trademark news. 6 September 2011

Read the very best of trademarkroom's articles here: http://www.trademarkroom.com/readingroom/

UK trade mark registration 5 September 2011

Reasons to register your trade mark.

Yorkshire tea in trademark row 5 September 2011

Yorkshire tea brewers ‘Taylors of Harogate’ are threatening legal action against ‘Jeeves & Jericho’ from Oxford over use of 'Yorkshire tea' brand.

Too late for tears. No search then rebrand 4 September 2011

We have seen many clients who have had to rebrand simply because they did do a trade mark search

Applying to register a series mark 4 September 2011

Discusses registering a series mark.

My trademark. 2 September 2011

What to do if you think someone is using your trade mark.

Trademarks and slogans (ii) 1 September 2011

This is the second article to look at how slogans can be used as part of your trade mark

Slogans and Trade marks (i) 31 August 2011

The first of 2 articles to consider whether you can use slogans as your trademark.

EU trademark issues. 30 August 2011

A look at classification issues and how much it costs to file an EU trade mark

Monitoring a Trade Mark 29 August 2011

A trade mark application can be monitored by a third party, using the caveat facility offered by the UK Intellectual Property Office (UKIPO).

Trade Marks and Trade Marks searches and ownership 28 August 2011

Discusses the importance of trade marks

Can I amend my UK trademark application? 27 August 2011

Only certain amendments to a trade mark application can be made

European Trademarks 25 August 2011

Some interesting facts about European trade marks

Holograms as Trade Marks 24 August 2011

Discusses how to represent a hologram as a trade mark.

Trade mark search and trademark registration 23 August 2011

A summary of why you should undertake a trademark search prior to your trade mark registration.

Can I register a moving mark as a trade mark? 23 August 2011

Discusses registering moving marks as trade marks

International TM registration: The Madrid Protocol 22 August 2011

This article discusses the Madrid Protocol.

UK trade mark infringment: Explained 22 August 2011

A look at UK trade mark infringment Law.

Trademarks in business 22 August 2011

Can I trade mark my company name?

Distinctiveness of a trade mark through use. 22 August 2011

This article discusses acquiring distinctiveness of a trade mark through use.

EU trademarks 19 August 2011

Some important facts about EU trade marks.

Trademark jounal 18 August 2011

What is the trade mark journal?

What do I need to register an EU Trademark? 17 August 2011

A summary of what you need to have in place prior to any EU trade mark application

The Three Elements of Passing Off 17 August 2011

This article focuses on the three elements a claimant would need to satisfy in order to succeed in a passing off claim.

What happens before my trademark registration? 16 August 2011

A summary of points to consider before you apply to register your trade mark

Next loses trademark challenge to Irish company 16 August 2011

Next have lost a major trade mark challenge against a Northern Ireland based company.

Can I use cartoon characters as part of my trade m 12 August 2011

A summary of the rules on using cartoon characters in trade marks.

Trade marks abroad 11 August 2011

Expanding your trade mark protection in Europe and beyond.

Use of foreign characters in a trade mark 11 August 2011

Use of foreign characters (non English) in a trade mark

How can I solve my UK trademark dispute? 10 August 2011

Trade mark coexistence agreement

UK trademark opposition proceedings 9 August 2011

A look at how to oppose an advertised UK trademark

Can I trade mark a smell? 9 August 2011

Although there have been smells registered in the past it seems finding a way to satisfy the requirements of Article 2 of the Trade Marks Directive 89/104 (Section 1 of the Trade Marks Acts 1994) is very tricky.

What is an EU trademark? 8 August 2011

A brief look at EU trademarks

Trade Mark Infringement 8 August 2011

A review of trademarks and case law

Trademarks and Licensing 8 August 2011

Why a trade mark is so important?

Trade Mark Infringement 7 August 2011

An interesting case on trade marks and infringing marks

Shagbook fights Facebook for trade mark 7 August 2011

Shagbook fights back against Facebook for the use of its trade mark.

Can I use other people's trademarks? 5 August 2011

A look at how it is possible to use other people's trademarks

Trade marks and why they are essential 2 August 2011

It is a no brainer get a trade mark

ECJ issues trademark law ruling. 2 August 2011

Ebay could be forced to prevent intellectual property infringement by its users.

Certification Marks 29 July 2011

Certification marks are a type of special trade mark governed by s50 of the Trade Marks Act 1994.

How can I use my trade mark? 28 July 2011

Different ways to benefit from your trade mark

Why bother? 28 July 2011

A common question

Trade Mark Scam 26 July 2011

WATCH OUT!!!

Yorkshire beer trade mark row 26 July 2011

A case of trade mark confusion

The EU trademark 'Dave' 25 July 2011

A look at a recent EU trademark case

Lewis v Client Connection Limited (2011) EWHC 1627 25 July 2011

A summary of the recent claim for trade mark infringement heard before the High Court

Samuel Smith's and Cropton’s trade mark dispute. 25 July 2011

Samuel Smith's brewery trade mark dispute with Cropton brewery ends.

Reserve and block trade marks from .XXX domain 25 July 2011

Trademark proprietors offered chance to reserve and block trade marks from .XXX domain.

Basic Overview of Passing Off 25 July 2011

This Article gives you a very basic understanding of the importance of registering a trade mark and passing off

Defences to opposition proceedings 22 July 2011

Discusses defences to opposition proceedings

The Real Housewives trade mark 21 July 2011

An article looking at trade mark confusion

How to Protect a Logo 20 July 2011

What should you do to protect a logo?

Rockstar Films trademarked by Take Two. 20 July 2011

Rockstar Films trademarked by Gamers - Take Two.

Ford sues Ferrari for use of ‘F150’ on Race Car 19 July 2011

Reporting on the Ford -v- Ferrari trade mark infringement case filed in the US.

I think someone is using my trademark 19 July 2011

How to identify trademark infringement

Deceptive Marks (Nature/Quality) 18 July 2011

Discusses Deceptive Marks (Non Geographical)

Using an existing trade mark 18 July 2011

If you have identified a particular existing trade mark that belongs to someone else... read on!

I want to protect my brand outside the UK 15 July 2011

A look at trade mark registration options outside the UK

Registration vs No Registration 15 July 2011

The pros and cons between enforcing registered marks and unregistered names.

Trademark warning about unsolicited mail 13 July 2011

A guide to a practice about unsolicited mail to applicants and owners of UK trademarks and EU trademarks

UK Trademark Victory 12 July 2011

Martin Lewis wins trademark court battle

Registering a Trade Mark in China 11 July 2011

Basic guide to Registering a Trade Mark in China

Why You Need To Register a Trade Mark 11 July 2011

Discusses Why You Need To Register a Trade Mark

Warner Music Withdraws Bid For "The Diggers" Trade 11 July 2011

Warner Music Withdraws Bid For "The Diggers" Trademark

Rackspace Vs. Rack Servers 11 July 2011

Rackspace Vs. Rack Servers

Domain Name Regulations in Hungary Changed 11 July 2011

Domain Name Regulations in Hungary Changed

Beautyscoop Accused Of Trademark Infringement 11 July 2011

Beautyscoop Accused Of Trademark Infringement

Word, device or combination or both? 11 July 2011

Should I register a word only mark, a device (artwork) or a combination of both?

Audi refused TDI trade mark protection. 11 July 2011

Audi’s recently filed trade mark application for the mark ‘TDI’ has been rejected by the ECJ.

What’s in a name? 7 July 2011

The importance of choosing a good trade mark for your company

Report by UK Trade and Investment highlights the n 7 July 2011

The benefits of trade marks and other intellectual property rights when trading abroad.

Trade mark battle of the pigs 6 July 2011

A recent case that looks into the importance of the origins of a product.

UK TM Registry and its pre hearing opinions 6 July 2011

UK Trade Marks Registry and its pre hearing opinions

Revocation of a CTM 6 July 2011

Revocation of a CTM

UK IPO change opening hours 6 July 2011

The UK Intellectual Property Office is changing its opening hours for new trade mark and patent applications where there is no priority claimed from earlier applications.

Trade mark history 5 July 2011

A brief and interesting account of trade marks through the ages

International Trade Mark Applications - POA 30 June 2011

What is a POA and why do i need one?

Looks like Apple will lose App Store case 27 June 2011

Apple are likely to lose its court battle to prevent Amazon from using the term App store.

Google try to prevent ‘google’ from becoming gener 27 June 2011

Google are trying to keep the term ‘google’ (which is being used as a verb) out of the dictionary.

iCloud Communications sues Apple over 'iCloud' TM 20 June 2011

iCloud Communications sues Apple over 'iCloud' trade mark

Gloucestershire Old Spots win Trade Mark case 20 June 2011

Breeders of the Gloucestershire Old Spots have won trademark case

Disney withdraws ‘Seal Team 6’ application 6 June 2011

Disney withdraws ‘Seal Team 6’ trademark application

Apple seek protection for term ‘iCloud’ in Europe. 6 June 2011

Apple seek protection for term ‘iCloud’ in Europe.

Julian Assange files to trade mark name. 31 May 2011

Julian Assange of WikiLeaks has applied to protect his name by trademark registration.

PEPE oppose registration of the mark ‘PEPEQUILLO’ 31 May 2011

PEPE oppose registration of the mark ‘PEPEQUILLO’

Secondary Trade Marks. 23 May 2011

A trade mark which is used as part of or in conjunction with another trade mark (such as colour, design or pattern) can acquire distinctiveness through use.

Thunderbolt trade mark dispute 23 May 2011

Both Apple and Intel are claiming rights to the trade mark 'Thunderbolt'.

Sheen seeks to trade mark name, signature etc 16 May 2011

Sheen seeks to trade mark name, signature, nick name, house name, girl friends name.

Your name as a trade mark. 16 May 2011

Discusses the case of Nichols plc v Registrar of Trade Marks (2004) in relation to registering your name as a trade mark.

Apple's 'App Store' trademark application opposed. 11 May 2011

Microsoft have opposed Apple's 'App Store' trademark application.

Trade mark opposition procedures 3 May 2011

Discusses trade mark opposition procedures.

The Procedure for making UK trade mark Application 3 May 2011

A step by step guide on how to file a UK trademark application at the UK Intellectual Property Office.

Evidence of distinctiveness acquired through use. 26 April 2011

Discusses registering marks which have acquired distinctiveness but which offend section 3(1)(b)(c) and (d) of the Trade Marks Act 1994.

‘Walking fingers’ is not generic in the UK 21 April 2011

Looks at teh case of Yell Ltd v Louis Giboin and others [2011] EWPCC 009

Registration of domain names 17 April 2011

Discusses the registration of domain names.

Description of goods 17 April 2011

Discusses how marks which consist exclusively of a word or words which designate the subject matter of a product or what it represents will be refused registration.

Deceptive marks (other than geographical marks) 11 April 2011

Discusses deceptive marks and how a trade marks suggestions should match the goods and services sold under that mark.

Deceptive geographic marks 11 April 2011

Discusses geographic misrepresentations

Trade marks and company names 4 April 2011

Discusses registering company names as a trade mark

Trade marks and cartoon characters. 4 April 2011

Discusses using cartoon characters as your mark and registration.

Trade Marks and Animals 23 March 2011

Discusses the pit falls of using animals as trade marks.

Amendments to trade mark applications. 23 March 2011

Looks at the permitted changes to trade mark applications procedure

Section 3(1)(a) Trade Marks Act 1994 14 March 2011

This article looks at section 3(1)(a) of the Trade Marks Act 1994

Section 3(1)(b) Trade Marks Act 1994 14 March 2011

This article looks at Section 3(1)(b) of the Trade Marks Act 1994.

Apple v Microsoft 6 March 2011

Summary of the ongoing trade marik dispute between Apple and Microsoft

Louis Vuitton loses trade mark case against Google 6 March 2011

Summary of the recent ECJ ruling on this important case.

WikiLeaks and Julian Assange Trade Mark Applicatio 6 March 2011

Summary of the WikiLeaks Applications

Fisher v Brooker and others – Limitation period to 22 February 2011

There is no statutory limitation period that applies in English law to claims to copyright, the duration of which has been laid down by section 12 of the Copyright, Designs and Patents Act 1988.

Protecting your idea 21 February 2011

An idea needs to be protected in some way or another. There is no protection in this until you commit the idea to paper. You must do the same thing in protecting your game show or TV programme idea

Dave needs to change its name 20 February 2011

Channel Dave fails in its attempt to trade mark Dave in EU

Formula One loses trade mark fight 20 February 2011

Article looking at the recent EU courts ruling on Formula 1

Defences to trade mark infringement 14 February 2011

Discusses the defences to trade mark infringement.

Unjustifiable threats 13 February 2011

When is a threat unjustifiable in trade mark

Can I trade mark exclamation mark? 13 February 2011

Article exploring whether exclamation mark can be trade marked.

Sarah Palin fails to trade mark her name in the US 13 February 2011

Sarah Palin trade mark application.

Ford Sues Ferrari 11 February 2011

Ford have sued Ferrari for trade mark infringement over the use of 'F150'.

Infringement of registered trade mark 7 February 2011

Article exploring how registered trade mark may be infringed

Trade Mark Absolute Grounds for Refusal explained 6 February 2011

The absolute grounds for refusal of a trade mark is explained in this article.

The ECJ and Adwords 5 February 2011

Solicitor Advocate Michael Coyle looks at the recent decisions referred to the ECJ by trade mark owners

How to choose a trademark. 31 January 2011

The clearance process can often be the hardest part.

International Trade Mark Applications 30 January 2011

There is no such thing as a worldwide trade mark, however there is an international filing system

Relative grounds for refusal 24 January 2011

This article discusses relative grounds for refusal of registration of a trade mark.

The formalities of assigning and licensing 22 January 2011

A review of the law

What is the point of a Trade Mark? 22 January 2011

Too often we are asked this question...

International Trade Mark Applications 19 January 2011

A Brief Overview of International Applications

Trade Marks - a simple process 17 January 2011

The process of registering a trade mark began in 1875. It enabled traders to make the public aware of their entitlement to the exclusive use of a particular mark; subject to registration and renewal of the mark.

Groundless Threats: A Basic Overview 14 January 2011

This note looks briefly at groundless threats in respect of trade mark infringement claims.