What does copyright protect?
If you’ve heard of intellectual property then I’m sure you’ve also heard of copyright, which is one of a number of intellectual property rights available to creatives. And it’s a…
Should I Register A Trade Mark Myself?
For those who don’t like reading, I’ll give you the answer now: No, you should not try registering a trade mark by yourself. However, you would expect me to say…
Remedies For Copyright Infringement: What’s In It For Me?
Let’s face it, nobody likes their work being copied. However, making a claim for copyright infringement can sometimes be daunting. So, before you embark on a claim, it’s worth thinking…
Copyright infringement… does it really come with the territory?
“Where there’s a hit, there’s a writ”, at least that’s what Ed Sheeran now thinks having fought off many claims against his successful body of works. But is that always…
Still in the game – lessons in surviving a trade mark opposition
You may or may not have come across the very popular sitcom Still Game however, if you haven’t, I can assure that most people in Scotland have. Unfortunately Jack Daniel’s,…
Copyright and greetings cards, what do I need to know?
If you’re lucky enough to work in the vibrant greetings card industry, then I would assume you have come across copyright before. However, before we get anything copywrong, it might…
When is the best time to invest in IP?
Whether you’re starting a new business, or if you have been going for some time, you’re always going to have a long list of things to invest in. New hardware,…
What can be registered as a trade mark?
It’s a common misconception that everything and anything can be registered as a trade mark. In fact, there are a number of rules governing what can and can’t be registered…
How To Buy A Trade Mark
A trade mark is a piece of property and, like all other property, it can be bought and sold. In fact, a trade mark is one of the most valuable…
Help! There Are Similar Trade Marks Already Registered, What Should I Do?
The UK Intellectual Property Office has recently published a report showing that a record number of trade marks were registered last year, which represents a 75% increase from 2020. It…
How to defend a trade mark opposition in the UK
If you’ve landed on this blog, you are likely in receipt of a Notice of Opposition. In the UK, this is called a Form TM7. It’s worth double-checking this because if…
Can you trade mark a slogan?
The question of whether you can trade mark a slogan is a good one to consider, and it’s particularly pertinent given that the EU Intellectual Property Office (“EUIPO”) has recently…
Trade mark oppositions – Zara v. House of Zana
Zara is in the news after filing a notice of opposition against a UK trade mark application for ‘House of Zana’. But what is a notice of opposition and why…
Trade mark essentials, Waitrose vs Asda
Recent reports have suggested that Waitrose has sent a letter of claim to Asda objecting to Asda’s soon to be launched “Just Essentials” range. Waitrose is the owner of various…
How To Protect A Design Idea
Firstly, let me start with an apology for the misleading title. As an intellectual property lawyer, I am constantly asked how to protect an idea. Unfortunately, my answer involves explaining…
How long does copyright last?
As IP lawyers, a question we frequently receive is, “how long does copyright last?”. It’s particularly relevant to copyright because, unlike other IP rights (such as registered designs or patents),…
Pandemic start-ups… what you need to know about IP
One of the few positives that we can take from the pandemic is that it seemed to act as a catalyst for new businesses. If the world turning upside down…
Do trade marks last forever?
Good question. Most intellectual property rights expire, some quite quickly (such as unregistered designs) and some only after a series of renewals (such as registered designs) but, when all’s said…
Graphic design and copyright protection… what you need to know
Let’s face it, graphic design is an artform. It’s a creative, clever and hugely impressive skill, with little to no parallels to being a lawyer. It’s therefore not a big…
Cats, noodles and a bit of bad luck
It is often said that cats have 9 lives however this doesn’t necessarily mean that they’re lucky. This was found to be the case by the owners of a new…
Help! I’ve received a Notice of Threatened Opposition, what do I do now?
Well, let’s start by explaining what a Notice of Threatened Opposition actually is… essentially it’s a form (called a TM7A if you’re interested) that potential opponents of a trade mark…
Brexit – Trade Marks & Designs… did the plan work??
For those of you who have been following the UK Intellectual Property Office’s post-Brexit plans (just me?) I’m sure you’re wondering, did it work? The short answer is yes, on…
Father Christmas, his workshop and the risk of IP infringement
In recent months Santa Clause has received a large number of letters from requesting various toys for Christmas. However, if he’s not careful, it’s possible that in January he could…
Brexit and trade marks – a reminder
Brexit is back, actually it never left, and the end of the UK’s transition period (31 December 2020) is almost upon us