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.READ MORE
Rachael’s Bullet Points Courtroom drama: best avoided, but we can help if needs be As members of our professional body, the CITMA, I recently took up the opportunity to shadow a judge at the Intellectual Property Enterprise Court (IPEC). The IPEC is a specialist court which has changed the nature of trade mark litigation. It’s […]READ MORE
For us, the way we go about doing things is as important as their outcome. Ward Trade Marks strives to be an ethical company in everything we do from pitching for new business to running the accounts of established clients and onto how we engage with the rest of the world. The term corporate social […]READ MORE
Ward Trade Marks is sending Bill Ward to the 139th annual meeting of the International Trademark Association (INTA) held in Barcelona during late May 2017. The International Trademark Association (INTA) is the global association of trade mark owners and professionals dedicated to supporting trade marks and related intellectual property in order to protect consumers and to promote fair and effective commerce.READ MORE
Bill’s Bullets Here are my five top tips for protecting your trade marks – and your business. Firstly, use a specialist trade mark attorney who can properly register your trade mark to give you exclusive rights in the territories within which it is registered. Many business owners believe that their registered company name and domain […]READ MORE
I have been asked on several occasions whether we have a standard cease and desist letter to send to alleged infringers. The answer to this is no, for two main reasons. Firstly, each letter must be carefully drafted in order to meet the particular circumstances of the case. Secondly – and more importantly – there is an issue in that a letter which threatens infringement without being justified can end up with you being sued, instead of the alleged infringer.READ MORE