11.01.2023
Trade marks can apply to words, logos, colours, shapes, drawings, even sounds and smells. They are a badge of origin that allows a customer to see a brand or product, recognise it and know how they can repeat that transaction again.
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A trade mark is a reference point for individuals over what they are trying to protect - a name, something they wish to sell, the name given to a product or the masthead of a series of products. Some bigger brands have sub-names and sub-brands, allowing them to build up a relevant trade mark portfolio and enjoy more protection.
Trade marks are usually one of the first elements people look to secure when they have created a new product or service. It is often the case that they might create a name, brand and look for their product before looking to secure a trade mark. However, if the trade mark is unavailable, they may have to begin the whole process again to secure a mark which fits with the product.
Unlike patents, you can potentially own a trade mark forever if you continue to pay the renewal fees every ten years.
Image courtesy of MaximalFocus on Unsplash
07.02.2025
Stripe Wars: Thom Browne Triumphs Over Adidas in Landmark CaseThe recent case of Thom Browne Inc. v. Adidas AG [2024] EWHC 2990 (Ch) represents a significant milestone in UK trade mark law, particularly in the realm of fashion and brand design. This High Court decision sheds light on the limits of trade mark protection, the role of consumer perception, and the fine line between brand distinction and monopolisation of design elements.
16.09.2024
Apple stops abuse of processIt is rare for an abuse of process case to be heard before the UK IPO, but that is what has happened recently. In August 2024, the UK IPO’s Tribunal upheld applications by Apple Inc (“Apple”) to strike out invalidity actions against its ‘iPhone’ trade mark registrations on the basis that the actions amounted to an abuse of process. This article explores the facts, issues and implications of this decision.
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