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.
Our Specialist Trade Mark Attorneys
The Trade Mark Attorneys at Schlich have a wealth of experience in registering trade marks in the UK and Internationally and also advising on and managing contentious issues arising from trade mark conflicts.
Recent Insights
Read the latest insights from the Schlich team reporting recent cases and updates to trade mark law.
Aldi Strikes Again
Aldi’s product designers and trade mark attorneys continue to be successful in finding the right balance between gaining inspiration from branded products and copying said branded products in an effort to gain more sales based on the brand’s reputation in the market.
Are faces distinctive? EUIPO says maybe, but not as much as Donald Trump’s hair!
Logos, company or product names come to mind when it comes to the term “trade mark”. Unbeknownst to the general public, trade mark registrations can also be obtained to protect a shape or colour. In fact, some have even attempted to register a mark for smells, sounds or even, human faces. This begs the question, is it possible to trade mark a person’s face? A recent decision from the EUIPO Board of Appeal (BoA) sheds a glimmer of hope for those up for a challenge.
How Famous Is ‘Famous’? The EUIPO Says Being Lewis Hamilton Is Not Enough!
After trying to register his name as an EU trade mark, the IP company responsible for Lewis Hamilton’s IP has been told by the EUIPO that they have not sufficiently demonstrated his fame across the European Union to be able to rely on the “special protection” normally afforded to famous persons wishing to register their names as EU trade marks. This decision highlights the difficulties associated with registering personal names as trade marks, even when that name is very well-known.
Joint Jurisdiction in the EU for Trade Mark Infringement
Delivering justice efficiently means that overlapping or concurrent proceedings should be minimized, and also thus avoiding conflicting judgements. In this case of proceedings for the “VOGUE” trade mark a German District court correctly used its international jurisdiction in considering identical infringements in Germany and Poland.
Can an emoji be a trade mark?
Emojis are perceived by the public as providing an emotional reference and not an indication of the source of goods or services. As a result, an emoji cannot act as a trade mark and cannot be registered as such.
UK Address for Service Required for EU-based Comparable Trade Mark and Design Registrations
When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. No UK address for service was required for a period of 3 years from the date of the UK’s departure from the EU. However, the end of this 3-year period is approaching and rights holders are strongly advised to appoint a UK address for service by 1 January 2024.
Lidl Wins High Court Dispute Against Tesco over Familiar Blue and Yellow Logo
This recent High Court decision on the infringement of a well-known supermarket logo, serves as a reminder of the strength of reputation in relation to UK trade marks as well as the often overlooked value of unregistered intellectual property rights.
Cadbury Makes Purple Progress
In this long-running battle between Cadbury and Nestle, the former has not been successful in defending its trade marks for Pantone 2685C (their signature purple). However, in the UK High Court, there appears to have been some progress for Cadbury.
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.