Livin’ La Vida Cocoa – Purple Trademarks for Chocolate

Cadbury’s purple reigns or a purple haze? That is the question. Cadbury have the following trade mark currently registered: The mark consists of the colour purple (Pantone 2685C) as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging…

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Trademarks – Bad words for Adwords (Part 2)

Back in October 2010 we published the first part of this article speculating on how the Interflora v Marks & Spencer case might develop. On 21 May 2013 Mr Justice Arnold of the High Court issued judgement. Background To recap on the facts of the case, Marks & Spencer PLC (‘M&S’) used the registered trademark…

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Bad Faith- Proposed Changes to the EU Trademark System

The European Commission is in the process of consulting stakeholders regarding proposed changes to EU law, including changes to the bad faith provisions. Under the bad faith provisions trademark applications/registrations may be challenged on grounds that they were essentially filed dishonestly. If the proposed law is given a broad interpretation then it seems that there…

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How to Register a UK Trademark on a Shoestring

As trademark attorneys, we often have enquiries from people who are launching a business and want to register a business or product name, but are on such a tight budget that even a couple of hundred pounds spent on a trademark attorney is too much. If you can afford a trademark attorney we highly recommend…

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Trademark – Bad words for Adwords? (Part 1)

For an update please see Part 2 With the increasing importance of the internet in commerce trademark law is having to catch up with new ways of advertising, in particular Google Adwords. The ongoing Interflora v Marks & Spencer case looks as though it might have a serious impact on using trademarks as Adwords. There…

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