Tag: Trade Marks
The one major mistake that we see occurring again and again is entrepreneurs building their businesses around unregistered trade marks, leaving the door is wide open for competitors to either imitate them, or worse, jump in and register the trade mark themselves.READ MORE
Many clients ask why they need to register their trade mark, and wonder why they are at a disadvantage by simply using their mark, as opposed to going through the trade mark registration process.
The fact is, if you have chosen a great name, then it’s likely that as your success builds, someone else will think it’s a great name too. The risks of not registering are real. If you don’t register your trade mark, then someone else can…READ MORE
A Community Trade Mark (CTM) is a single trade mark registration that provides protection in all of the member states of the European Union. CTMs are dealt with by the Office for Harmonization in the Internal Market (OHIM) in Spain, and over 117,000 applications were filed last year.
If you conduct business in the UK only, then a national registration is for you, and we can advise separately in this respect. If, however, you do business in more than one EU country, it is wise to consider filing for a CTM. This article sets out the pros and cons of doing so.READ MORE
Trade mark litigation is almost always preceded by a cease and desist letter. Such letters generally set out the rights of the owner, and instruct 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. Cease and desist letters can be intimidating, but don’t panic, we are here to help.READ MORE
Can I register a trade mark myself?
The internet age has empowered us all in the art of self help and it is possible for business owners to register their own trade marks online at the UK Intellectual Property Office (IPO), or at the Community Trade Mark Office in Alicante. However, this approach is fraught with risks. We routinely see instances of ‘DIY’ trade marks being refused because they didn’t meet the criteria for registration, or were registered with so many weaknesses that effective enforcement of the ultimate registration would be difficult or even impossible. In many cases it is only when the time comes to enforce your trade mark registration against a competitor that the issues come to light. By then, it’s almost always too late.READ MORE