What is more ironic than a Trade Mark losing its protection due to its own success? The legal term for this phenomenon is ‘Genericide’, it is a form of abandonment e.g. “when a mark becomes the generic name for the goods or services on or in connection with which it is used.” Badge of origin … Continue reading Genericide or Velcro’s battle to avoid sudden death of their trade mark
Hashtag Trade Marks, the latest craze. A hashtag is a word or phrase preceded by the symbol ‘#’ that classifies or categorizes the accompanying text. It is an identifier commonly used for communication on social media platforms such as Twitter, which started the trend in 2009. Initially it was used to group discussion on certain … Continue reading Hashtag Trade Marks #ProtectYourIP
The U.K. is that much closer to Brexit. Having recently communicated the date to set Article 50 of the Lisbon Treaty in motion – which triggers the formal split from the European Union. Prime Minister May is expected to begin the Brexit process on Wednesday, 29 March 2017. The subsequent 2-year period of negotiation with the … Continue reading Brexit is Becoming Reality – The Must Know for Trade Mark Owners
The US election date is coming closer. On 8 November 2016 we will know which candidate did a better job in blowing their own TRUMPet. Personal Branding is a practice of individuals, marketing themselves and their careers as distinctive brands. It is an ongoing process of establishing a prescribed image or impression in the mind … Continue reading Your Personal Brand – How to Blow Your Own TRUMPet
Intellectual property is easier than ever to steal, with digital technology facilitating an environment where work can be shared around and published without credit or your knowledge. An infringement on your intellectual property has serious consequences, causing financial loss as well as damage to the authenticity and credibility of your work. It is important to … Continue reading How to Choose an Intellectual Property Law Firm
“Fair Use” is a term that you have probably heard before. News and the media – especially tabloids – use it to defend their potentially scandalous articles. Photographers, musicians and artists might use it to justify using copyrighted material in their work. It’s also often used to enable comedy shows, comedians and satirists to closely … Continue reading What is “Fair Use” and When is it Fair?
The rise of online marketplaces and e-commerce has made it easy for anyone to set up an online store. While this ease of doing business has opened up a level of consumer choice and variety, it also makes it too easy for people to sell counterfeit or unauthorised products. This can result in both lost … Continue reading Counterfeiters on eBay – What Can I Do?
You might be surprised to hear it, but a trademark does not have to be formally registered. That is, marks (words, images, etc.) used in commerce and trade such as product names and slogans can potentially receive the same level of legal protection as a registered trademark, despite never being registered at the trademark office. … Continue reading Do I Need to Register a Trademark?
Since its launch, Pokemon Go, a free-to-play, location based ‘augmented reality’ mobile game, is on everyone’s mind. Pokemon Go sees players hunt through real-world locations for digital Pokemons*. Players look for these virtual creatures, catch them, train them and battle with them. With its overnight success, Pokemon Go has become a global phenomenon that businesses … Continue reading Riding the ‘Pokemon Go’ wave – how to reference the trade mark
The process of registering a trademark is a relatively simple process in itself and doesn’t formally require a lawyer. However, the rules governing trademarks behind the scenes are more complex – and there are many less obvious reasons why an application may not be successful. Perhaps one of the most common reasons is a so-called … Continue reading Distinctiveness – Why Trademarks Are Refused