Recent content by adamzany

  1. adamzany

    Trademark

    There is a bit of confusion here. A trademark registration protects the name of a specific product (e.g. "KITKAT" for chocolate). Copyright prevents others from copying an artistic work. It is an automatic right and there is no copyright registration system. Copyright may exist in a logo used...
  2. adamzany

    Protection name using IPO

    It would be better to just register your name in ordinary block capitals now, rather than wait, because there is always a risk that another party might get there before you. www.trademarkregistration.org.uk
  3. adamzany

    Similar Names

    Hi, If you have been using your brand continuously since 2007 and if their registration dates from 2010, then you might be able to claim that you have an earlier right to the mark based on the common law principle of "passing off". This could enable you to invalidate their registration. There...
  4. adamzany

    The In's and Out's of Trademarking

    Hi, (i) First of all, is trademarking really necessary? It is not obligatory to register a trademark, and many businesses do not bother to do so. However, you are taking a certain risk if you do not register. A trademark is the name of your product, which customers will recognize, and the...
  5. adamzany

    Name already registered with companies house

    Don't forget to protect the name of your product as a trade mark. Registering your name as a company name will not stop a competitor using your name as a trade mark, or trying to register your name as their own trade mark. In fact, if someone else registers your name as a trade mark before...
  6. adamzany

    Trademarked in USA.

    It is difficult to give advice without knowing more details. Generally, a trademark registration is territorial, that is to say, rights from a registration are limited to the country where the mark is registered. So if the trademark is registered in the USA and not in the UK then prima facie you...
  7. adamzany

    Protecting a Trademark / Idea

    Registering your name as a domain name or company name will not stop a competitor using your name as a trade mark, or trying to register your name as their own trade mark. In fact, if someone else registers your name as a trade mark before you do, they may be able to stop you using your...
  8. adamzany

    Trademark Help

    It's difficult to say whether the other mark could be a problem without knowing exactly what the marks are and what the goods/services are of the respective marks. Generally, a trademark registration entitles the owner to prevent others from using not just the identical mark as registered, but...
  9. adamzany

    Trademark Question

    Is their any point in me trying to register "Jason Products" if "Jason" is already registered (in the same class as I want to register)? The answer, basically, is no. As the IPO said, the word "products" is entirely non-distinctive and it adds nothing to the overall mark. Sometimes a class...
  10. adamzany

    trademark of logo

    Basically, copyright is intended to protect an artistic work, whereas a trade mark protects the name of a product. A trade mark registration of a logo will provide broader protection than copyright. Copyright prevents direct copying, whereas a trade mark registration prevents anyone else from...
  11. adamzany

    Dead trademark?

    If the International Registration has expired more than a year ago then it should be okay for you to apply for your mark. A trademark registration can be renewed late, up to six months after the renewal date; and in exceptional circumstances it can be revived up to a year later. But thereafter...
  12. adamzany

    Franchise Advise

    Hi, Before you enter any franchise agreement, you need to register the trademark. Otherwise you run the risk that the franchisees will acquire rights in the mark through simply using the mark, or even register it before you do. A trademark registration will make it much easier to keep control...
  13. adamzany

    Existing sole trader with no trademark

    If he has been trading for a while then he could have common law rights in the unregistered mark under the law of "passing off", which would in theory entitle him to oppose your UK trade mark application. Of course, he may never become aware of your trademark or your business, but it would be...
  14. adamzany

    Trademark, Protection, Copyright help please.

    You will need to register your business name as a trademark with the Intellectual Property Office. If you register your trademark then you should be able to prevent others from using the same or a similar mark. The trade mark application will need to be in respect of the goods and/or services...
  15. adamzany

    Trademark - can I register?

    The basic answer is NO you cannot use the mark, or if you do you will risk trade mark infringement. The fact that the earlier registration has the word together with an image is irrelevant. A trade mark registration gives the owner the right to prevent the use not only of the identical mark...
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