Trademark Law
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Branding and business: How to pick a good trade mark

Branding and business: How to pick a good trade mark | Trademark Law | Scoop.it
Rob White, of Avidity IP, gives some examples of good and bad trade marks and how to secure a good one.

 

‘Brands’ are hugely valuable business assets that form the commercial identity of your company, product or service and will include trade marks and trade names. The value of your brands should not be underestimated: in 2012, the Coca-Cola brand was valued at around $77.8 billion, a rise of 8 per cent from their 2011 figures. As part of your brand identity, a strong trade mark registration can last indefinitely; for instance, the immediately recognisable Bass Triangle logo (for pale ale) has been registered for more than 100 years.


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Intellectual Property Office - IP Insight, Edition 56, November 2011, Guide for managers on IP infringement

The infringement of an IP right is a civil matter in the case of patents, trade marks, designs and copyright.

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Microsoft to appeal European court's trademark decision over SkyDrive brand | Australian Techworld

Microsoft on Monday said it will appeal a trademark lawsuit over its SkyDrive cloud storage service it lost to the British Sky Broadcasting (BSkyB) Group.

 

BSkyB sued Microsoft in order to prevent Microsoft from using "SkyDrive" as the name for its cloud storage service throughout the European Union, according to the ruling of the England and Wales High Court that was handed down on Friday following an eight day trial in April.

 

According to BSkyB, Microsoft infringed on two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs).

 

The court ruled that Microsoft's use of the SkyDrive name is likely to cause confusion among consumers and therefore infringes on the Sky trademark.

 

The judge referred to the ease of confusion between SkyDrive's cloud services and Sky's broadband services. The court also determined that the name was possibly detrimental to the Sky brand, so it could be viewed as trademark infringement on this ground too.

 

"The judge decided that BSkyB's U.K. and Community Trade Mark's were infringed," Robert Graham, a Senior Associate for Pinsent Masons LLP who specializes in IT and telecoms disputes, said in an email. Graham was not involved in the case.

 

Since the High Court of England and Wales is a Community Trade Mark court, the court is allowed by the Court of Justice of the European Union (CJEU) to apply decisions across the E.U. and not just in the country in which the decision was made, he said.

 

Click headline to read more--

 


Via Chuck Sherwood, Senior Associate, TeleDimensions, Inc
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About Trademark Registration

A trademark is considered a distinctive sign or name or even symbol that allows consumers to identify a product or service. The trademark is an effective mea...

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The smell of success eludes smell mark registration

In order to register a trademark under Swiss law, the mark must, among other things, be capable of graphic representation. With regard to smell marks, applicants must graphically represent the product's scent. The Federal Administrative Court recently decided that a cooking recipe is not capable of sufficiently describing a smell mark. Therefore, in contrast to colour and acoustic marks, smell marks are still not registrable in Switzerland.


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Microsoft to appeal European court's trademark decision over SkyDrive brand | Australian Techworld

Microsoft on Monday said it will appeal a trademark lawsuit over its SkyDrive cloud storage service it lost to the British Sky Broadcasting (BSkyB) Group.

 

BSkyB sued Microsoft in order to prevent Microsoft from using "SkyDrive" as the name for its cloud storage service throughout the European Union, according to the ruling of the England and Wales High Court that was handed down on Friday following an eight day trial in April.

 

According to BSkyB, Microsoft infringed on two registered Community trade marks (CTMs) and two UK registered trade marks (UKTMs).

 

The court ruled that Microsoft's use of the SkyDrive name is likely to cause confusion among consumers and therefore infringes on the Sky trademark.

 

The judge referred to the ease of confusion between SkyDrive's cloud services and Sky's broadband services. The court also determined that the name was possibly detrimental to the Sky brand, so it could be viewed as trademark infringement on this ground too.

 

"The judge decided that BSkyB's U.K. and Community Trade Mark's were infringed," Robert Graham, a Senior Associate for Pinsent Masons LLP who specializes in IT and telecoms disputes, said in an email. Graham was not involved in the case.

 

Since the High Court of England and Wales is a Community Trade Mark court, the court is allowed by the Court of Justice of the European Union (CJEU) to apply decisions across the E.U. and not just in the country in which the decision was made, he said.

 

Click headline to read more--

 


Via Chuck Sherwood, Senior Associate, TeleDimensions, Inc
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Ford trademarks "Black Label" for Lincoln

Ford trademarks "Black Label" for Lincoln | Trademark Law | Scoop.it
Bentley has offered Black Label cars (as well as Red and Green Label), Mercedes-Benz has Black Series, Audi and Porsche have Black Editions.
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Apple owns trademark for Granny Smith logo - Australian Macworld

Apple owns trademark for Granny Smith logo - Australian Macworld | Trademark Law | Scoop.it
Apple owns trademark for Granny Smith logoAustralian MacworldThe dispute was settled in Apple Inc.'s favour when, for an undisclosed fee (said to be as much as US$500m), Jobs' company secured the rights to all Apple Corps trademarks and logos, provided...
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Rosetta Stone and Google drop trademark lawsuit | wishtv.com

ARLINGTON, Va. (AP) — Rosetta Stone Inc. and Google Inc. have agreed to dismiss a three-year old trademark infringement lawsuit between the two companies and made plans to work together to fight trademark abuse online.
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The Beatles' Granny Smith apple logo is now a registered trademark ...

The Beatles' Granny Smith apple logo is now a registered trademark ... | Trademark Law | Scoop.it
UK-based Apple Corps, which handles business dealings of the legendary Liverpool-based pop group The Beatles, has finally ended its dispute with Apple, Inc.
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Answers to your frequently asked Trademark questions

Answers to your frequently asked Trademark questions | Trademark Law | Scoop.it
This post shares the answers to the most frequently asked questions when it comes to trademarking.
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Six Strange Cases of Science Fiction Trademarks

Six Strange Cases of Science Fiction Trademarks | Trademark Law | Scoop.it
Trademarks an important way for businesses to market their goods to consumers, but sometimes it can be difficult to know whose intellectual property toes you're treading on.
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Trademark provides protection - Sydney Morning Herald

Trademark provides protection - Sydney Morning Herald | Trademark Law | Scoop.it
Trademark provides protectionSydney Morning HeraldA brand can be protected with a registered trademark, which will give you the legal right to prevent others from using your brand name.
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Yoga Trade marks and certification trainings may be protected

Yoga Trade marks  and certification trainings may be protected | Trademark Law | Scoop.it

Yoga Pose Copyright Bid Too Big of a Stretch, Regulator Says - BusinessWeek

Dec. 10 (Bloomberg) -- Yoga poses such as head-to-knee stretches and the sequences of the moves are “exercises” rather than “choreography” and can’t be copyrighted in the U.S., regulators said.


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Protecting brands in new generic top-level domains (gTLDs) - Lexology (registration)

Protecting brands in new generic top-level domains (gTLDs) - Lexology (registration) | Trademark Law | Scoop.it
Protecting brands in new generic top-level domains (gTLDs)
Lexology (registration)
For brand owners, there will be new ways to protect their trade marks from conflicting domain names within these new gTLDs.

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What is The Meaning of Intellectual Property and Its Importance

What is The Meaning of Intellectual Property and Its Importance | Trademark Law | Scoop.it
If you have a business, you have to know the meaning and importance of Intellectual Property. This is to help you in protecting your business and giving you knowledge about your rights just in case you will be experiencing this in the future.

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Wikipedia: Trademark

A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify for...

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Apple Ends Stupid "Appstore" Trademark Lawsuit Against Amazon, Probably Because It Was Really Stupid

Apple Ends Stupid "Appstore" Trademark Lawsuit Against Amazon, Probably Because It Was Really Stupid | Trademark Law | Scoop.it
While of only tangential relation to Android (the Amazon Appstore is an Android app store after all), when Apple filed a lawsuit against Amazon over 2 yea... by David Ruddock in Legal, News
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The Small Biz Guide to Patents, Copyright and Trademarks

The Small Biz Guide to Patents, Copyright and Trademarks | Trademark Law | Scoop.it
From copyrights to trademarks to patents, you need to protect your product.

 

Your company’s intellectual property -– from your logo to trade secrets -– can be just as valuable as physical assets. This is particularly true for digital startups. Yet, taking the necessary legal steps to protect your intellectual property can be costly and time-consuming, often burdening a young startup before it gets off the ground. It’s a delicate balance to determine what actions to take and when, but the following is a primer on the various types of intellectual property.

 

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Stuart Gibson's insight:

Fantastic article.

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Trademark and Copyright are They Not the Same

Trademark and Copyright are They Not the Same | Trademark Law | Scoop.it
Trademarks vs Copyrights Considering the complexities of the Intellectual property law, it is very common that many people confuse the terms especially w.
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Intellectual Ventures, Kardashians:Intellectual Property - Businessweek

Intellectual Ventures, Kardashians:Intellectual Property - Businessweek | Trademark Law | Scoop.it
Intellectual Ventures, Kardashians:Intellectual PropertyBusinessweekThe Kardashian sisters, reality-show celebrities, have filed two applications to register trademarks containing the word “khroma” for use with cosmetics, according to the U.S.
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Protect Your Brand: What Every Businessperson Should Know about Trademarks

Protect Your Brand: What Every Businessperson Should Know about Trademarks | Trademark Law | Scoop.it
The North Bay iHub and the United States Patent and Trademark Office invite you to a special event for all business owners, aspiring entrepreneurs and business advisors.
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Google Defeats Trademark Challenge to Its AdWords Service - Forbes

Google Defeats Trademark Challenge to Its AdWords Service - Forbes | Trademark Law | Scoop.it
Google won one of the trademark challenges to its AdWords service, reinforcing that Google will likely succeed in the other pending trademark lawsuits against it.
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Understanding the Differences Between Patents, Trademarks and ...

Understanding the Differences Between Patents, Trademarks and ... | Trademark Law | Scoop.it
If you are a writer — or someone involved in a creative endeavor — you may have questions about patents, trademarks and copyrights. Through this article, I will provide you with a general overview of the differences between ...
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TiVo opposes seven Facebook Like icon trademarks | Erik M Pelton ...

TiVo opposes seven Facebook Like icon trademarks | Erik M Pelton ... | Trademark Law | Scoop.it
Yesterday, TiVo Brands, LLC filed a Notice of Opposition to seven of Facebook's UPSTO trademark applications at the Trademark Trial and Appeal Board.
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