On 14 July 2019, the Liverpool based drinks company Halewood International Brands applied to trade mark “VERA LYNN” for alcoholic beverages (the Application). Upon being alerted to the Application via her lawyers, Dame Vera Lynn the singer known as “the force’s sweetheart” for her songs that were popular throughout the Second World War, lodged an opposition to the Application on 1 October 2019. The opposition was based on s.5(4)(a) and s.3(6) of the Trade Marks…continue reading
Earlier this week Sony Interactive Entertainment Inc. (Sony) filed a trade mark application for “PS5” in Switzerland signalling the forthcoming launch of the fifth version of the world famous PlayStation games console. The trade mark application covers the console hardware, gaming software and other goods and services and claims priority from an earlier trade mark application filed in Jamaica in October 2019. It is common practice for companies to first file their trade mark applications…continue reading
Have you spent months developing the prefect brand name? Have you bought a domain name or registered a company name featuring the brand? Maybe you’re really far down the road, you’re selling your goods or services, advertising and looking for investment? If any of this applies to you then you need to register a trade mark. How to do it Unfortunately, there’s no such thing as a single worldwide trade mark and so brand owners…continue reading
In the beginning of October the famous street artist Banksy launched a pop-up shop in London for the sale of ‘impractical and offensive’ merchandise. The Croydon-based ‘Gross Domestic Product’ offers for sale items such as sofa cushions with the inscription “Life’s too short to take advice from a cushion” and a children’s counting toy where wooden migrant figures are loaded inside a haulage truck. The reason behind the launch of the homeware store selling Banksy’s…continue reading
The name of the star’s 7-year-old daughter, Blue Ivy Carter, is at the centre of an ongoing trade mark battle. In January 2016, Beyoncé filed an application to register a trade mark for “Blue Ivy Carter,” which would cover goods including fragrances, cosmetics, skincare, baby teething rings, playing cards and more. Beyoncé has attempted to trade mark “Blue Ivy Carter” which has been opposed by Wendy Morales, who claims she was using the name first.…continue reading
Background On 29 June 2017, TV format creator Mark Duffy decided to apply for an amusing trade mark under the name of “The Pets Factor” (the Application), presumably unaware of the furore that was shortly to be generated by the well-known patron of a similar brand. The application proceeded to publication on 21 July 2017 where it was summarily opposed by Fremantlemedia Limited and Simco (the Opponents), both companies tied to the TV judge Simon…continue reading
The Queen bee of influencers, Chiara Ferragni, and her business partners have prevailed in overturning the European Intellectual Property Office’s (EUIPO) decision that their application to register the mark: (“the Chiara Eye mark”) was confusingly similar to a Benelux trade mark for the word “Chiara” for goods in class 25 (which covers clothing, footwear and headgear items). Summary Chiara Ferragni shot to fame via her fashion blog The Blonde Salad. She currently has over 16…continue reading
Just when you have made a resolution to concentrate on the major issues of the day, something comes along to distract your attention. Yes we are still talking about trade mark and brand issues but today its about a trade mark action brought by adult party brand Butlers in the Buff (BITB). According to the report in the Bristol Post the well-known business that has over 1000 men ‘on its books’ ready to serve cocktails…continue reading
The European Court of Justice has ruled against Red Bull in its fight to invalidate the trade mark “FLÜGEL” ( meaning ‘wings) owned by Austrian drinks company Asolo. Asolo have had their mark since the late 1990’s in class 32 for drinks and fruit juice and in class 33 for alcoholic drinks (except beer). However in 2011 Red Bull decided to seek invalidity of the Asolo mark on the basis of two earlier Austrian trade…continue reading
The lawyers of Velcro Companies have released a second video responding to the huge public reaction to their YouTube hit ‘Don’t say VELCRO®’. With just over half a million views, the initial song both tunefully and compellingly highlighted that the term “VELCRO®” shouldn’t be used when talking about the above, but rather ‘hook and loop’. The videos cleverly serve the purpose of protecting the brand by ensuring that the term ‘VELCRO®’ doesn’t become so distanced…continue reading
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