The Guardian, in a piece headlined 'You can say it's 2012…but unless you're a sponsor don't mention the Olympics', wrote about the extensive constraints on companies when it comes to anything associated with the Olympics.   In 2006 the London Olympic Games and Paralympic Games Act was passed, which, together with the Olympic Symbol (Protection) Act of 1995 provides "a special level of protection to the Games and their sponsors over and above existing copyright or contract law.”  Be warned, “a breach of these acts is a criminal offence". The Guardian noted that “as well as introducing an additional layer of protection around the word "Olympics", the five-rings symbol and the Games' mottoes, the major change of the legislation is to outlaw unauthorised "association". This bars non-sponsors from employing images or wording that might suggest too close a link with the Games. “ This means that all of the following expressions could be c...

  Mark Kingsley-Williams, founder and director of Trade Mark Direct, is quoted in this weekend’s   Financial Times (24 – 25 March 2012)   on the issue of branding.  See the excerpt below: “Mark Kingsley-Williams, founder of Trade Mark Direct, an online legal support service, says the classic mistake is to believe that it is enough to register a business name at Companies House or buy the web address. It isn’t. “The growth of the internet has made branding a minefield for many small businesses, Kingsley-Williams adds. “For small and medium-sized businesses in particular, a lot of the business they attract is coming through people searching online, whereas previously that business may have come through Yellow Pages advertising. “As a result, people are resorting to all manner of ways to do down their competitors online. “Whereas before if somebody was operating in a particular line of business in Scotland and using the same name as another business in Penzance, the two...

 In 2012 a shocking number of businesses, around 90% [1]  of SMEs, are putting their livelihoods at risk by trading online without a trade mark, estimates Trade Mark Direct, the UK’s leading trade mark company.  It can cost a company thousands to re-brand.  The cost to Frazer Evett, from Christian Clothing Alliance, who was forced to re-brand his company, as another company already owned the name, was £27,941.  “This included stock we couldn’t sell, employing a designer to re-brand, re-working the website, re-ordering stationery, loss of materials and lost sales while rebranding,” said Frazer Evett.   Only 30,270 [2]  trade marks were registered in 2010 and this is despite over 400,555 new companies being registered [3]  (financial year 2010 – 2011) and as some will be for well-established companies it shows that far less than 1 in 10 new companies are trade marking their business name.     “Trading online without a trade ...

  Barely a day goes by without Apple Inc. taking on another business in a corner of the world to protect its brand. This time its focus is directed at New Zealand and a Kiwi entrepreneur, Hayden Crowther, who sells ‘driPhone’ smart phone cases.  Mr Crowther has been selling the driPhones, waterproof and shockproof covers, since May last year and in September 2011 applied to trade mark it.  Having almost reached the final hurdle, Apple at the last minute put in a request to have more time to consider objecting to the trade marking of the driPhone.  "My product is driPhone, not iPhone, and they are ... just trying to scare me," said Mr. Crowther, who is taking legal advice As Apple flexes its muscles and ponders its next move, it’s hard to call the final outcome but as always our advice is to steer clear of brand names that can be associated with existing brands. Think about creating a made-up name, as this is one of the easiest ways to a successful trade mark applicat...

  If you were one of the thousands of parents across Britain who bought a Tranformers Optimus Prime this Christmas you might be interested (or not!) to know that its toy maker, Hasbro, has filed a suit against computer company, Asus, for alleged trademark violation regarding the use of the name ‘Transformer Prime’ for its latest tablet pc. Hasbro could be in for a battle, greater than any featured in the Transformer storylines, as trade mark law is made up of different classes which apply to certain categories of product so two companies can own the same trade mark as long as they are registered in different product categories. Hasbro, however, refutes this and is arguing that the Transformers brand is expanding and they need to protect it through a wider array of goods (hmmm not so good news for our pockets then..).  It is also arguing that Asus is merely leveraging off its brand for its own ends. Big brands, like Hasbro, think nothing of coming after companies they believe a...

  Trade Mark Direct (trademarkdirect.co.uk), the leading UK trade mark company, is advising companies not to rush into buying the new .xxx adult entertainment industry domain name, which launched this week, because for many it will be a needless expense.    The new domain name is designed to incorporate heightened security barriers and protect young people from accessing unsuitable material online.  “While it is possible to buy your company’s .xxx domain name for a one-off fee (around $200 to $300) there is probably no need for most companies to consider this,” said Mark Kingsley-Williams, director at Trade Mark Direct.  “We doubt that too many adult sites would want to call themselves www.rotherhamwastedisposal.xxx , although if you do sell soft toys through a site called  www.fluffybunny.co.uk , perhaps you might want to consider claiming the .xxx  domain. “However  Search engines’  filtering mechanisms do mean that the .xxx sites will be c...

 It was once an insult used to ridicule computer experts.  Now the term ‘geek’ is a highly-sought after trademark term, which appears to have transcended parody and now denotes knowledge, learning and expertise…..Well, according to US electronics giant, Best Buy, it does.  Best Buy claims to own the word 'geek' and is vigilant in stopping any uses that it feels infringes its ‘Geek Squad’ trade mark.  Best Buy's founder Robert Stephens argues that companies risk losing large disputes if they don't pursue minor cases.   Amusingly, he told the Wall Street Journal recently that he had allowed several school chess clubs to call themselves 'geek squads.' Under trade mark law, you must prove that other uses are likely to cause confusion in the marketplace.  The first stage in any dispute is a ‘Cease and Desist’ order or request to halt an activity (cease) and not to take it up again later (desist); or else face legal action. While it’s important to protect yo...

 Designers and brand consultants need to know the basics of trade mark law to advise their clients on the steps that should be taken to protect their IP. Follow the four steps below to ensure trade mark compliance: 1.    Will the name or logo comply with the trade mark act? If the name is not ‘distinctive’ and is merely descriptive of the goods or services it won’t be accepted as a word mark. Adding distinctive graphical elements can overcome this, but the graphics must not just describe the goods. For instance ‘glamorous lashes’ would be rejected if applied for as a trade mark to cover false ones. Adding a graphic that looked like lashes would be descriptive also, so that could not be registered either. But adding something distinctive, that is not connected to lashes, such as a big tiara, would be distinctive. 2.    How big do the graphical elements need to be relative to the text? This comes up a lot, particularly when a designer wants to add someth...

 We would be delighted to meet you at the Business Startup show ( http://www.bstartup.com/ ) at Earl’s Court, London, on 17 and 18 November 2011, which is free to visit and is perfect for anyone thinking of setting up or expanding their business venture. Head to stand 412 for expert help and guidance on the importance of getting your trade marks in place from the outset.  Trade Mark Direct’s professional specialists will be able to tell you if your company name or brand is available to be trade marked (subject to further manual checks). We strongly advise that all companies should ensure they have the correct trade marks in place from day one, or else they risk their competitors stealing and using their brand name as well as possibly incurring tens of thousands pounds worth of costs required for a re-brand. While trade mark law is complicated, we pride ourselves on our jargon-free, friendly and accessible approach.  Trade Mark Direct is sharing Stand 412 with the British ...

  Here's our advertisement Trade Marks: client manager / associate Trade Mark Direct, a dynamic and innovative young firm which files more UK trade marks than any other, require a client manager / associate to support their growing services around advice, registration and if appropriate contentious matters. Trade Mark Direct are the leading provider of trade mark advice, registration and related services online using unique technologies, web, email and phone to deliver high quality advice and service for competitive fixed fees. We're growing fast, offering new services and will be expanding internationally next year. The role will primarily be responding to enquiries from new and existing clients many of whom are small business owners offering advice on registrability, filing strategies and other actions by phone and email; searches and written opinions: responding to examiners and managing opposition actions. As often the first point of contact with the company for prospective...