Category: Trade Mark help
The rights you get through a registered trade mark are much stronger and broader than those you gain through use.
A registered trade mark gives you a legal monopoly.
Applying to register trade marks that are well known descriptive terms is problematic. We will have to wait and see if the EU IPO allows OKTOBERFEST.READ MORE
This article summarises the five main myths (and the truthful answers) that we commonly hear when discussing trade mark protection with business owners.READ MORE
Consumers are used to immediacy, and we are frequently asked why it takes such a long time to get a trade mark registered. In truth, it doesn’t take a long time at all, especially when you take a look at the process.
UK applications are filed at the Intellectual Property Office (“IPO”), and it is possible to gain registration in as little as three to four months. This sort of timescale assumes either that no objections have been raised by the IPO or third parties, or that where there have been objections, these have been dealt with straight away. A more general timescale is six months. We can see why this length of time is typical, by taking a look at the process through to registration.READ MORE
Registering your trade mark is not the end of the road. A well thought out programme of enforcement will ensure that your rights are not diluted over time. It’s vital to look after your registered rights, or you may find that competitors come into the market with similar marks, diverting trade away from your business and losing you money.READ MORE
Protecting your trade mark through registration is a great place to start. Rachael Ward of Ward Trade Marks would like to share three insider secrets as to how you can use Intellectual Property to make your beer brand a great success for a relatively small investment.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
Trade mark litigation is almost always preceded by a “cease and desist” letter, or “letter before action”. Such correspondence generally sets out the rights of the owner, and instructs the other party in strongly worded terms to cease use of the trade mark complained of, while threatening actions for trade mark infringement and/or passing off.READ MORE