Articles

5 myths about brands and designs – answered!

This article is part 1 of 2. See here for part 2. 1)      It doesn’t matter how we use ® and TM WRONG!  ® should only be used for registered trade marks – using it when a trade mark is not registered is a criminal offence in the UK whereas TM...

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Reducing sugar and the impact on intellectual property for food & drink

With consumer and regulatory attention increasingly turning to the amount of sugar contained in food and drink, manufacturers are facing new challenges. There is no doubt that this issue will continue to be central to the industry. Recent coverage of Jamie Oliver’s weight loss and calls for a “sugar tax”...

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How much use is “use” of a Community trade mark and the return of the National Mark?

The principal of “use it or lose it” is well-established in the field of trade marks. That is to say, use your registered mark for the designated products/services, or run the risk of a) difficulties in enforcing your rights in opposition/infringement actions and/or b) (part-) cancellation of your registration for...

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New “webmarking” system for registered designs

Innovative designs are big business. A recent report for NESTA [1] estimated that 10% of investment in intangible assets relates to design, and this is reflected in the increasing number of new designs being filed – over 5000 [2] just in the UK last year and close to a staggering...

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Imitation is the sincerest form of flattery! Isn’t it?

Imitation noun “a copy or reproduction of a genuine article; counterfeit” Flattery noun “excessive and insincere praise, given especially to further one’s own interests” Imitation goods cost the fashion industry billions each year, diluting and damaging the reputation of even the most well-known brands whilst lining the pockets of the counterfeiters....

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