Introduction In the competitive business landscape, protecting your brand is crucial for long-term success. Many entrepreneurs and business owners fall victim to common trademark myths, assuming that their unique business name or online presence is sufficient to safeguard their intellectual property. However, this article aims to debunk these misconceptions and shed light on the importance […]
The new edition of EUIPO’s Guidelines has just been published and includes details on EUIPO’s approach to classification of non-fungible tokens (NFTs), virtual goods and virtual services. Virtual goods and services, like NFTs (unique digital certificates used to record ownership or interest in a specific item), have become increasingly popular in the online world. EUIPO’s […]
Last week, we discussed “The Domain vs. Trademark Dilemma: Which One Should You Register First?”. As a business owner, it is important to understand that simply registering your trademark and domain name is not enough for their protection. These two assets play a crucial role in identifying and promoting your brand, and they can have […]
When it comes to building a successful business, one of the first decisions you will need to make is whether to register a domain name or trademark first. On the surface, it may seem like a simple choice, but there are actually a number of factors to consider when making this decision. In this article, […]
The Uniform Domain Name Dispute Resolution Policy (or in short, the UDRP) is a special administrative procedure for the resolution of conflicts between a domain name and trade marks. The UDPR was established and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) in 1999, based on a report issued by the World […]
No matter how young, every startup has its unique brand identity. It makes no difference if you run a marketing firm, an online store, or a blog; your company has a voice, tone, goals, appearance, and personality. These elements combine to establish your brand identity, which is a core part of your company’s online […]
What is a domain name? Simply put, a domain name is the address that identifies your business on the Internet. Some time ago, the purpose of websites was to promote physical shops on the Internet, and now physical shops have become a place to promote online businesses. Arguably, nowadays more people prefer to shop (or […]
Once you become aware of a potential infringement of your sign, then you have to assess the nature and the possible consequences of that infringement. This can be done through the following steps: 1. You first Above all, understand your right – become familiar with the territory in which your trade mark is registered, its registration […]
After going through all the effort of registering your trade mark and using it, now comes the hardest part: monitoring the market for potential trade mark infringements. What is infringement? Infringement is a violation of someone’s rights, or in trade mark terms, the unauthorised use by a third party of a trade mark that […]
Know your trade mark inside out – the devil is in the details. What have you registered as a trade mark? Is it a name? Or a name and a logo? What are the details that characterise the logo? For example: The symbol above could be described as a colourful, striped apple with a leaf […]
The use of a trade mark in commerce is not a requirement for trade mark registration or renewal in the European Union. However, a lack of use can lead to a trade mark right being ineffective against third parties. This means that you might not be able to stop competitors from using/registering a similar or […]
There are four routes to trade mark registration in the European Union. The route you choose will depend on both your immediate business needs and your plans for the future. It is important to note that the four routes are complementary, partly interchangeable and work in parallel to one another. We go through each of […]
Trade marks protect several different things. Trade mark owners have an exclusive right to prevent others from using their mark in the course of trade but trade mark protection is territorial in nature. In other words, the scope of protection of registered trade marks is limited and depends on the place of registration. For example, national […]
Registering your trade mark is not enough to properly defend it. Once your brand is registered, it is important that you “monitor” the trade mark registers and the market for any similar or identical trade marks. As a brand owner, you have to make sure no one tries to register an identical or similar trade […]
Trade marks are registered through an application form at the relevant intellectual property office (e.g. EUIPO). Such application must fulfil several requirements in order to be registered. Namely, the sign must be: Distinctive – think of the extraordinary aspect in respect of the products/services to be traded with that sign and in respect of other […]
A trade mark helps your customers identify you by distinguishing the goods and services of your business from those of your competitors. Moreover, trade marks may fulfil other functions such as advertisement or goodwill, encapsulate your mission and values, and turn your business into a really valuable asset. From a legal point of view, a […]