Trademarks & IP

[faz]

I’m currently exploring trademarks and was wondering if I could pick your brains on this matter, hopefully some of your IP experts can shed some light on the following:

[FONT=&quot]I’m setting up a brand in a nutshell which I’d like to TM, I know all the classification required however we’ll have different colour scheme to mark different target markets however our overall artwork would remain the same. So I’m thinking can I TM the artwork/wording & still have protection despite a variable colour scheme? or would I need to specify the colour schemes & do them all individually???[/FONT]
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[FONT=&quot]Secondly if I’m doing something innovative e.g. using a method to apply an existing technology into a different environment can I IP that process through e.g. a design registration (which would mean visuals on designs too (again colour query comes in to play here too) but thinking the overall process might have to be patent) as oppose to patent (which is so expensive to do & a pain in the arse!!))??[/FONT]
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[FONT=&quot]Before applying for a community TM (European) or one under the Madrid protocol do I have to register it in the homeland territory UK first right? what I’m asking is can I can do them all in one process to save on costs? If I register at home first do I get a grace period like with patents to register in other territories within the first year & still have protection?[/FONT]
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[FONT=&quot]Is the UKIPO Right Start application more cost effective?
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[FONT=&quot]Thanks in advance for your help guys
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[Deleted member 13430]

You need a 'home' application to file a Madrid protocol application. If you are UK based you would generally use a UK Application as the base.

You do not need a base home application to file a CTM Application, thats a standalone unitary right.

If you are to trade in three or more states in the EU generally best to go for a CTM Application as this is the most cost effective way to protect marks on pan-EU basis. As you know you can specify the CTM system under the Madrid Protocol application.

With regards your earlier query you can not file series application under the CTM system, generally advise register in black and white for such an application.

Maybe of help:-

http://www.hgf.com/trademarks_service/

On your design query that form of IP protection is designed to protect the look of a product.

Obviously I don't know the ins and outs of your business but if you want detailed advice please PM me.