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Category: Blog

Intellectual Property

What Intellectual Property Do You Have In Your Business?

Before talking about intellectual property, let me ask you this. Do you believe you have adequate protection to safeguard your company’s assets? You might think the answer is yes because you have all necessary insurances in place, you have a business disaster recovery/continuity plan, and you go out of your way to retain the talent […]

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April 24, 2018 Sally Ormond
Why you need a trade mark attorney

What Is A Trade Mark Attorney and Do You Need One?

Before getting into the nitty-gritty about what a trade mark attorney does, let’s go back to basics: what exactly is a trade mark? Aside from your original business idea and your people, a trade mark is a vital company asset. It can be a word, logo, shape, and colour, even a sound that indicates the […]

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April 10, 2018 Sally Ormond
Trade mark

Do I Have To Use A Trade Mark Attorney To File My Trade Mark Registration?

Trade mark registration is one of a pile of expenses you’ll face when setting up your business. Premises, websites, logos and other marketing materials are at the top of your list. You hire a professional web designer (because that’s a skill set you don’t have), a graphic designer for your logo and an agency to […]

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March 20, 2018 Rachael

THREE ESSENTIAL STEPS TO PREVENT YOUR NEXT COSMETICS BRAND BEING A FINANCIAL DISASTER

After months of planning, researching, and testing, everything has come together. What’s more, inspiration has struck you and you’ve thought of a great name for your new product. There are three essential steps that your trade mark attorney will recommend you take before your product is launched to the public, all of which can be […]

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March 14, 2018 Bill

ROOM FOR TWO SEVENS IN THE UK BUT NOT IN THE EU

Opposition decisions at the UKIPO and the EUIPO are notoriously fickle the best of times. This article highlights how, even with the same opponents and near identical facts, language differences and differences in conceptual interpretation can lead to inconsistent outcomes and headaches for trade mark owners.

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March 10, 2018 Guest Blogger

What’s The Difference Between Passing Off And Trade Mark Infringement?

Trade mark infringement and passing off are two options that can help you protect your brand. But what’s the difference? This post explains why trade mark registration is the best protection and why you shouldn’t rely on passing off.

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March 6, 2018 Rachael

THE BUNNY STRIKES BACK – THE POWER OF REGISTERING YOUR ‘GET UP’ AS A TRADE MARK

Our guest blogger Dr Stephen James writes again for Ward Trade Marks. Stephen is a past president of CITMA, and a leading practitioner with almost 40 years’ experience in UK and EU trade mark law. This time he reviews another recent case before the UK IPO where the owner of a get-up mark with a reputation […]

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February 7, 2018 Bill

ARIEL USES ITS TRADE MARK REPUTATION TO CLEAN UP

Our guest blogger Dr Stephen James writes again for Ward Trade Marks. Stephen is a past president of CITMA, and a leading practitioner with almost 40 years’ experience in UK and EU trade mark law. This time he tackles the knotty problem of lookalike products, a perennial issue for many brand owners: In a recent opposition […]

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January 22, 2018 Bill

Use it or lose it: a cautionary tale about coffee trade marks

Here at Ward Trade Marks we are happy to introduce our guest blog by Dr. Stephen James. Stephen is a past president of CITMA, and a leading practitioner with almost 40 years’ experience in UK and EU trade mark law. Under European (and UK) trade mark law, a trade mark registration may be revoked on […]

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December 7, 2017 Bill
Ward Trade Marks Chocolate Wars

Chocolate wars: bitter and not sweet

Like two heavyweight boxers, global chocolate manufacturers Cadbury and Nestle have gone through another round of trading blows against each other’s trade marks.

This time around and earlier this month, it was Nestle that was given the four-fingered count down in a knockout blow whereby the Court of Appeal judged that they couldn’t claim the shape of their KitKat bars as being registrable as a trade mark. The Court ruled that the four-finger design had “no inherent distinctiveness” and in any case the company had not marketed the shape of the bar for a considerable period of time.

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May 24, 2017 Bill