Trademark Question On The Word 'Studio'

[Elaih]

Hi all,

I just contacted ipo.gov.uk to clear up a few points and they replied saying that they couldn't answer anything and I'd need to consult an attorney. I'll post my email here and hope one of you can clear up some points for me.

I am a designer/artist/photographer who is running a business under the name Studio Elaih. On searching your Trademark database it reveals that there is nothing registered under this name. However; I have come across several trademark registrations for the word 'Studio'. One is Trademark 2307159, Mark Text: STUDIO, Classes: 04,06,07,09,11,14,15,16,20,21,24,26,27,28,31,34,36.

Class 16 includes printed matter and photographs. Would this effect my right to use the name Studio Elaih under the same class as it has the word Studio in the title? I've found other Studio Xs registered in the same classes as Trademark 2307159, so I would be surprised if this was the case. In addition the word 'studio' linked to all those classes, would rule out anyone being able to use such a common word within the design industry, if so.

One other question; if I use the trademark symbol ™ after my company name, without having registered, what protection does this give me if a company applies for a trademark before me?

Thanks

 

[Eagle]

One other question; if I use the trademark symbol ™ after my company name, without having registered, what protection does this give me if a company applies for a trademark before me?

None whatsoever.

™ only indicates that you're using the mark in a 'trade mark sense' and that you may be in the process of registering said mark. It gives no legal protection.

 

[Billmccallum]

I can't see any reason why you can't trademark "Studio Elaih".

Although your example uses STUDIO, so does Loreal's 1967 trademark registration and many more use the word studio in their trademarks, as Studio Elaih is quite unique, it should be fine.

 

[Elaih]

Although your example uses STUDIO, so does Loreal's 1967 trademark registration and many more use the word studio in their trademarks

That's what I thought, but looking at L'Oreals trademark, it is only issued for the class that includes perfumes, toiletries, hair products etc.

This other trademark (2307159) has covered nearly every other class. Looking into their company it's doubtful that they had any intention to use it.

I'm aware that other design companies are trading under the name 'Studio X' but then what is the exact value of trademarking the name Studio? Is it purely trademarking that word on its own and not any extension of it?

 

[shandp]

For maximum assurance it is always worth conducting a full and comprehensive search against a mark as this would cover all the phonetic variations of the words, in addition to each of the identical words STUDIO and ELAIH. A trade mark attorney can undertake such a comprehensive search and provide advice accordingly, usually offering a strategy for going forward when sometimes (on paper following the search results) it could look hopeless.

Robin​