January 20th, 2010
Personality merchandising basics
Trademark registration is not only useful to protect a business brand in the classic sense of a logo or slogan. There are many factors at play when a consumer chooses to side with a certain product or service, including the extent to which a consumer values the opinions of others. For example, imagine someone who is looking to purchase a new set of golf clubs. Many people in this position choose a certain brand over another because it is the brand that their favourite player uses on the course and endorses in golfing magazines. This sort of influence can be extremely powerful, which is why sports personalities command significant sponsorship fees. By protecting elements of their name and image through trademark registration, these personalities are able to restrict the ability of companies to use their reputation without consent, and thus ensure its continued commercial value.
Personality merchandising is the name given to the industry that has developed around using the name and image of a person to endorse and promote goods and services. There is an obvious appeal in using a name and image from the business’s perspective. The advertising industry spends billions of dollars to help its clients stand out in a crowded marketplace. But when celebrities and other well known individuals at the top of their fields offer a ready-made consumer following, the risk involved in developing an advertising campaign afresh can be reduced. Read the rest of this entry »
Posted in General Trademark Information | No Comments »
January 18th, 2010
If you are trading or planning to trade in the United States marketplace, do not overlook the importance of trademark registration. The exclusive right to use a particular brand in the lucrative U.S. marketplace can mature into a competitive advantage of considerable value. Trademark registrations in the United States can provide protection at the state or federal level. As will be seen, there are substantial benefits to be gained from the federal registration option.
The alternatives
Before turning to the advantages of federal registration, it will be useful to briefly explore the alternatives, which are state trademark registration and common law protection for unregistered trademarks. For both of these types of protection, the trademark should already be in use in commerce in at least one U.S. geographic market (e.g. a state or city). Read the rest of this entry »
Posted in United States and Canada | No Comments »
January 15th, 2010
Introduction
This post explores the issue of domain names and trademarks. In particular, it looks at how best to protect the value in a business’s domain name. The unavoidable truth is that trademark registration is the most prudent way forward. The discussion will refer in particular to the registration process for English domains and the protection afforded under UK / EU trademark law, but the issues will certainly be of interest to those with a domain name registered anywhere in the world.
What is a domain name?
A domain name is what allows a website to be found on the internet. So, for example, the website for Humphreys & Co. Solicitors is identified by humphreys.co.uk. Often, the portion of the website address taken up in this case by ‘humphreys’ equates to a registered or unregistered trademark of the party making use of the domain name (as it happens, HUMPHREYS & CO is a registered trademark of Humphreys & Co. Solicitors). Read the rest of this entry »
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January 14th, 2010
Introducing the Community Trade Mark
The Community Trade Mark (CTM) allows an applicant to register a trademark valid in every Member State of the European Union with a single application. It was introduced as part of the harmonisation of the Internal Market in the European Union, the same project that gave rise to the Euro, as well as many other significant developments in economic regulation law.
It prevents the single economic market of the European Union being disrupted by businesses registering national trade marks in each Member State; such a situation could allow the trade mark holder to stop goods that they have released for sale in one EU country being later resold in another (so called ‘parallel imports’). The motivation for doing this would be to facilitate the marketing of goods to each country at a different price (in some countries, it is cheaper to bring a product to market, making it possible to sell the goods on for less), without worrying that the price would be undercut by third parties importing the goods from a different EU country. Read the rest of this entry »
Posted in Europe, General Trademark Information | No Comments »
January 14th, 2010
Why register a trademark in Turkey?
Trademark registration in Turkey is highly advisable. It confers a number of potentially very valuable commercial and legal benefits on the owner. The brand in question, once registered, becomes the property of the registrant. This means that you would enjoy the exclusive right to use the mark in the Turkish marketplace, allowing you to develop the value of the brand with confidence in a continued right to make use of it. Like any other type of property, there is no obligation on the part of the owner to exploit it personally, however. If it were more convenient, then you would also be free to lease the use of the brand to third parties, or sell it for a profit. The certainty that a registered trademark provides in Turkey means that you would likely obtain a better price for doing so than if you were trading an unregistered mark.
In addition, it becomes possible to prevent others from using or attempting to register similar or identical trade marks, by taking legal action. Acts such as the unauthorised use of a mark; use of a forged or counterfeit trademark; and dealing in products bearing a forged or counterfeit trademark are offences punishable under the criminal law in Turkey. Read the rest of this entry »
Posted in Middle East, Trademarks by Region | No Comments »
January 14th, 2010
Why register a trademark in Taiwan?
If you are currently in possession of a UK registered trademark or a Europe registered trademark, you should bear in mind that only a local trade mark registration will fully protect you in the Taiwanese marketplace. While the United States confers trademark rights upon the first party to use a trademark in commerce, Taiwan has established a “first-to-file” system that grants trademark rights to the party that first applies to register the trademark. If at some point in the future you would like to expand your business internationally, you should certainly consider filing for registration now. This will give you the best chance of securing your trademark’s goodwill against anyone seeking to pre-empt your registration with a view to exploiting a profit.
Although well-known unregistered trademarks may be protected in the Taiwanese courts, it is definitely advisable to obtain the security of a registered trademark. Trademark registration confers a number of commercial and legal benefits on the owner. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in Taiwan. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit.
Read the rest of this entry »
Posted in East Asia, Trademarks by Region | No Comments »
January 14th, 2010
Why register a trademark in Switzerland?
Trademark registration is usually the most prudent method for protecting the value of your brand in the Swiss marketplace. After you have made the necessary investments to develop your brand into a valuable asset, it becomes extremely important to have the absolute right to make use of it as a marketing tool. Even whilst a fledgling brand is little-known, if one is to confidently make the commitment of time and money to developing it, some degree of certainty as to the right to enjoy the product of this labour is very important.
Trademark registration gives the owner that certainty. The registrant enjoys a positive presumption of the exclusive right to use the brand in question in respect of the protected goods and services in Switzerland. Although trademark registration is not compulsory in order for you to begin using your brand in Switzerland, the protection afforded to unregistered marks does not work in the same way; instead, it is necessary to first go to court, where you will be required to prove that your brand has a reputation more deserving of protection than the interests of the opposing party. Only after this time consuming and expensive process has been completed will you know that your brand is entitled to some protection Read the rest of this entry »
Posted in Trademarks by Region, Western Europe | No Comments »
