Home » Trade Marks
Category Archives: Trade Marks
A name is not reason for confusion
In a decision of the UKIPO (O/219/18, HARRY GORDON’S BAR and HARRY GORDONS (Opposition), 5th April 2018), the IPO found in favour of retailer Selfridges, allowing the registration of its trade mark applications for HARRY GORDON’S BAR and HARRY GORDONS.
In May 2013, Selfridges applied for the above trade marks covering classes 29, 30, 32, 33 and 43 for goods including alcohol and services for providing drinks.
In August 2013, Harry’s New York Bar filed a notice of opposition against all of the goods and services in both applications. The Opponent argued that the use of the name HARRY in Selfridges’ trade marks resulted in similarities with its earlier marks HARRY’S, HARRY’S BAR and HARRY’S NEW YORK BAR, which it claims were first used in Paris in 1911.
The Opponent submitted that its bars can be found in luxury hotels that would be visited by the same sort of people who frequent Selfridges’ store on London’s Oxford Street. Therefore, use of the mark in such a prestigious establishment would “ride on the coat tails” of its existing reputation.
Selfridges rejected these claims, stating that its bar was named after the retailer’s founder, Harry Gordon Selfridge, and inspired by the popular TV series, Mr Selfridge, about his life. (more…)
Almost as many trade mark applications are filed in China as in the rest of the World combined. According to recently published WIPO statistics, Chinese trade mark applications accounted for 46.3% of all global trade mark filing activity in 2017 (a staggering 5.74 million Chinese trade mark applications were filed over the course of that year). The next busiest office was the US which accounted for 5% of global filings.
With so many applications being filed, it is no surprise that some are being filed dishonestly. In fact, brand piracy in China is a serious problem and has been for some time. The “first-to-file” trade mark system in operation there has led to trade mark squatters registering trade marks which are copies or imitations of well-known or up-and-coming brands before the rightful owner is able to do so, thus blocking the rightful owners’ ability to register or even use its mark in China. This issue is discussed at greater length in our previous blog post here.
In recognition of this issue, the Chinese trade mark authorities recently announced a number of draft provisions aimed at tackling dishonest trade mark applications. I have summarised some of the key proposals below: (more…)
Intellectual Property Clinics: protecting your inventions, branding and designs
Keltie will once again be taking part in London Tech Week which this year runs from 10th to 14th June by running free Intellectual Property Clinics throughout the week. (more…)
To many people the Premier League has become a money-hungry juggernaut. Kick-off times are regularly shifted to suit the demands of television broadcasters from around the world, sometimes at very short notice, with seemingly little or no consideration shown towards the fans planning on actually attending the games live. Many of the top clubs continue to raise prices at alarming rates despite the seemingly ever increasing sums of money that they receive for broadcasting rights and other commercial deals (stadium naming rights, anyone?).
In a move that is likely to reinforce the notion that the top clubs are money making machines with no sense of humour, Manchester United recently ordered Alex and Sian Pratchett, known as the Panini Cheapskates, to drop any references to Manchester United from the tongue-in-cheek stickers that they produce on the basis that they infringed the club’s IP rights. (more…)
A domain name is the address used to find a website on the internet; for example, www.keltie.com. If you have an online presence, registering your domain name will identify you as the owner of the website and prevent anyone else from using that domain name.
Defensive domain name registration is where a business pre-emptively buys a domain name to prevent other third parties from using it. A domain name can be purchased for a relatively low cost and can prevent a lot of hassle later down the line. In addition, you can redirect anyone who types in your defensive domain name to your main domain; this makes it easy for customers to find you, even if they make a spelling mistake. (more…)
The Brexit process rumbles on. Here’s IPcopy’s video summary of the impact of Brexit on EU trade marks. Note: subtitles are available for this video.
Watch out for further videos this week covering the impact of Brexit on designs and patents.
1 April 2019
The UK is shortly expected to leave the European Union, which may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes. (more…)
After grilling PM Theresa May for 90 minutes and then holding 8 hours of talks, the EU-27 offered to delay Brexit last night. The PM has accepted this offer which means that the No-Deal cliff edge has moved back from 29 March and Brexit has effectively been delayed slightly. This delay means that the potential impact of Brexit on EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) will also be delayed. (more…)
As we approach our national holiday we can’t help but feel patriotic. Here we take a look at what the good people from the Emerald Isle have contributed to the world over the years and more importantly how intellectual property has played its part. There are plenty of impressive technical advancements that originated in Ireland including the induction coil, the submarine, the hypodermic syringe, the binaural stethoscope…We could go on and on, but we understand you have plenty of other priorities for the weekend so we’ll keep it snappy with our top 5 intellectual property related contributions that play a pivotal role in the everyday life of the Irish individual. (more…)
Previous articles on IPcopy have briefly discussed the possibility of how a “No Deal” Brexit will affect trade marks and designs. Since the UK is fast approaching the 29 March 2019 deadline for leaving the EU without a satisfactory deal in sight, we have highlighted the UK government’s plans for trade marks and designs in the event of “No Deal” in more detail. (more…)