Retention of Original Filing and Priority Date When a trademark is restored, it keeps its original filing and registration dates, meaning the owner’s rights are deemed to have continued uninterrupted. This is critical because trademark rights are largely based on priority — “first come, first served.” Restoration therefore protects the owner against intervening filings by […]
Category Archives: Trademarks
Trade mark dilution is when a new brand name or sign is quite similar to an already existing and well known registered trade mark. Customers might be deceived, thinking they are getting similar services or products as from the original business, and the new company ‘free rides’ on the popularity and marketing of the established […]
When the time comes for you to decide on a trade mark, you should not consider the task lightly! A strong, unique and clever trade mark can contribute greatly to the popularity and success of your business. Put some effort into choosing a trade mark or get professionals to help you with this important task […]
The Trade Marks Register is split into 45 different classes, 34 of them being in respect of particular Products and the remaining 11 of them being in respect of particular Services. It is important to register your trade mark in the class(es) in which the relevant Products or Services fall. Whilst by no means complete […]
Once you have done a good trade mark search and have registered your trade mark, it is your responsibility to make sure that it stays protected. Other people may be infringing your trade mark by making use of a similar name. This requires immediate legal advice. You have paid for your trade mark and have […]
The following is a guide to the selection of a trade mark which, in an increasingly crowded market place, help distinguish one business from another and provide a competitive edge. CHOICE AND FUNCTION OF A TRADE MARK: Time spent at the outset in analyzing your business, your product and your market will pay off in […]
Trade Mark Dilution is when a well known trademark is blurred or tarnished due to another business making use of a mark that is very similar for products or services they deliver. Here is what you need to know about trade mark dilution. The Law And Trade Mark Dilution Trade mark laws today fortunately include […]
If you have worked hard to establish your business, and you have done all the promotional work to get to the top, you will be very upset to find out someone is using your trade mark to promote their own company. This is not something that happens only in extreme cases, but something that every […]
Trade marks – those words, phrases or graphics that has been registered as belonging to only one company – are not always easy to choose. When you have to decide on a trade mark, you don’t only have to make sure you are not infringing on anyone else’s trade mark by doing a thorough trade […]
A trade mark could be a letter, logo, picture, phrase or word (and more) that are associated with one company only and that other companies and people are not allowed to use. For example, the names ‘KFC’ or ‘Coca-Cola’ are trade mark names and cannot be used by any other company. Anyone wanting to establish […]