PROFESSIONAL SERVICE
TRADE MARKS
Brand names and logos may be some of the most valuable assets that a company owns. Consumers recognise these as signs of high-quality or excellent reputation and therefore protection against others using the same or a similar trade mark is crucial. At Schlich, we assist our clients in obtaining trade mark protection for their names and logos and using their registered trade marks to safeguard their goodwill which has resulted from considerable investments. From pre-filing searches to maintenance and enforcement, we are here for all your trade mark needs.
In an ever-increasingly international world, global trade mark protection is becoming more and more important. At Schlich, our attorneys have experience in obtaining and enforcing trade mark registrations not only in the UK, but also Internationally including Europe, the US and China. In particular, our attorneys are highly competent at proceedings before the UK Intellectual Property Office and also work closely with trade mark attorneys in other jurisdictions to resolve international trade mark disputes.
Recent Insights
Read the latest insights from the Schlich team reporting recent cases and updates to trade mark law.
Highstreet Wars: From Portobello Road Market to the High Court
Two Portobello Road Market traders battle it out in the High Court for the rights to the brand, “The Notting Hill Shopping Bag.” The decision of the court serves as a cautionary tale of the importance of protecting intellectual property rights when dissolving or transferring a company.
Supreme Court Provides Reality Check on Post Sale Confusion
Can the way a logo appears on a pair of football boots lead to trade mark infringement? The answer to this question and further clarification on the concept of “post-sale confusion”, was provided in Iconix v Dream Pairs, a case that recently reached the UK Supreme Court. In its judgment, the Court offered long-awaited clarification on whether a likelihood of consumer confusion must arise at the point of sale, or whether confusion occurring later, such as when a logo is seen on the side of football boots from the sideline of a football pitch, can also be relevant in determining infringement.
Mind the Gap (between agreements and trade marks)
A recent UKIPO Decision, between Transport for London and high street fashion retailer, GAP, regarding the renowned London Underground catchphrase “MIND THE GAP” has highlighted the importance of ensuring that prior agreements are adhered to when filing new trade mark applications.
Winter Came for Game of Döner: Game of Thrones Prevails in Trademark Battle
Not even a spicy kebab twist could hold off the winter for Game of Döner — Game of Thrones made sure Game of Döner bent the knee.
In the dog house – Has the Bad Spaniels case finally reached a conclusion?
VIP Products LLC v. Jack Daniel's Properties
Take Aways from the Takeaway Decision – The Average Consumer Never Gets Drunk!
In a recent decision, the UK’s Court of Appeal has considered the correct approach to characterising the average consumer when assessing trade mark infringement. The decision confirms the average consumer should ideally be characterised as a single class of individuals, rather than divided into groups. The decision also highlights the legal fiction that the average consumer is reasonably well informed and circumspect and thus, by definition, cannot ever be someone who is intoxicated.
“A Single Piece of American Cheese” Leading the Way to Change at the US Copyright Office
The US Copyright Office takes a step forward in acknowledging the copyrightability of AI-generated works with their recent decision to register “A Single Piece of American Cheese”
AI is not a suitable IP representative….yet
In a recent trade mark opposition in Benelux, the opponent appointed ChatGPT as their representative, which did not go to plan.
Get in touch
Our team of UK and European Patent Attorneys and Chartered Trade Mark Attorneys are highly knowledgeable and experienced in assisting clients with all aspects of their IP needs.
Contact us now to find out more about how we could help you and your business.
