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Trademark

Review

2007

Take it or "Leaf" it.  Here are some jottings from the leaves of my notebook

Trademark

Review

2006

Filemot's Trademark Review Published - Click Here

This bottle doesn't carry a trademark according to the Stock Library that supplied it or does it?

What we do

Filemot offers many years experience of the issues surrounding the selection and protection of branding.  See our Review for our take on recent cases. We can advise you on and implement for you the best strategies for investing your trademark budget to achieve an appropriate legal position for your commercial needs and expectations.

First we need to understand your objectives and aims for the trademark and the brand it represents. If you rate Business Week's Global Brand Scorecard you may be interested in assistance on a difficult issue relevant to UK or OHIM practice but if you aspire to get there then you may need our Aunty consultancy services to set up secure foundations.

research for new brands

Basic country-by country searching can be done on the free utilities offered by national offices. Have some fun clicking on regions of the map below. If you need to check whether you are free to use the mark in the United Kingdom Intellectual Property Office has a good search tool.  If you want to ask for an opinion about the risks of using a mark in a particular region and for a particular purpose we are happy to give you a budget.

If you are still wondering about how to select a name to use as a trademark read our advice here.

United Kingdom OHIM USA Australia Canada Hong Kong Switzerland for Madrid International Marks Japan World Map with hotspots for US, Canada, OHIM, UK, International Registrations (aim for Switzerland) Australia, Japan, Hong Kong and perhaps more

file applications

We can file trademark applications for you in the UK, OHIM and Madrid Protocol applications based on UK or CTM registrations.  We can also arrange registrations around the world through a network of trusted firms. 

should you do it yourself?

If you are confident of your needs and your ability to manage your records, there is no reason why you need to buy professional assistance.

In most countries national authorities are making it simpler for direct applicants, but of course an overseas agent cannot use these tools on your behalf as they could be breaching local rules on practising law. Even in the US, a direct applicant with a credit card has a good chance of securing a registration using electronic filing. In some fields direct applicants give up hope when they encounter the mysteries of classification, so you have a bit of a bonus when you direct file in Canada. You should be looking for wisdom and experience, strategic advice tailored to your needs and a safe pair of hands with the record keeping when you commission professional help.

watching and oppositions

We can arrange watching for conflicting trademarks and advise whether oppositions are worthwhile, necessary or risky.

From 1 October 2007 the UK Trademarks Registry will no longer be objecting to a trademark application because of an earlier right. This brings UK procedure into line with the OHIM practice.  Therefore the owners of earlier UK rights will now start getting notices when a similar mark is advertised. If you own Community trademarks you need to Opt-in to get the same service. See our Opt-In page for your options.

OHIM have recently announced an update to their opposition guidelines.  Although these are still marked draft (the consultation ended 30 September 2006), they are being applied immediately.  Since Filemot believes very much in the settlement of oppositions, we are prepared to take over existing files for review and will consider no settlement no fee arrangements. 

trademark litigation

Filemot acts as a trademark & design litigator.  Her certificate arrived in time to replace the temporarily abandoned solicitor's practising certificate. This means we can help resolve matters in the UK if you have received a complaint from a trademark owner or you are not happy about the way someone else is using your trademark or something that gets confused with it.

credentials

Filemot is a member of ITMA and INTA and is a regular attendee at the Annual Meeting. See our report of the Toronto meeting here. We were also in Chicago in May 2007 and Berlin in 2008..



Filemot Technology Law Ltd
25 Southampton Buildings
London, WC2A 1AL, United Kingdom
Direct +44 (0)20 3043 8550
Fax +44 (0)20 3043 8551
Email
info@filemot.com

Copyright 16 August 2008