EU trade mark system changes now apply
The 1st October 2017 marked the implementation of the EU Trademark Reform Package as a further set of very important amendments came into force.
This long-awaited amendment has been introduced to make it much easier to register non-traditional trademarks – The requirement to represent a mark ‘graphically’ will no longer apply.
It is envisioned that the introduction of this changes will enable brand owners to obtain registrations for non-traditional trademarks. This include protecting things such as sound, colour, shapes and movements, far more easily.
Protecting the Land Rover legacy
Jaguar Land Rover is trying to register a trade mark for the shape of the Land Rover Defender. The registration comes as Jim Ratcliffe, billionaire owner of Ineos announces release of a similarly shaped vehicle.
Following the withdrawal of the Land Rover Defender from the production line at the start of 2016, Ratcliffe announced that he would create a ‘spiritual successor’ to the iconic vehicle. He has just announced intent to invest up to £600 million to start production of a vehicle in 2020 that will contain the very ‘DNA’ of the Defender. As JLR are planning to launch their own successor, they’re taking steps to protect the design.
Between April and September 2016, JLR filed five trade mark applications to protect the shape of all their historic vehicles, from the original Land Rover to the Defender. All five have been opposed by Ineos.
Velcro creates music video for trade mark
Following a trend for brands to use music videos to explain their trade mark to consumers, Velcro has created their own.
Velcro is a brand recognised the world over, and is synonymous with the product. The music video from Velcro seeks to differentiate its product from general ‘hoop and loop’ products of inferior quality. The video urges consumers not to use Velcro as noun or a verb, as it diminishes the brand identity.
Other brands that have produced similar music videos includes Rimmel London, McCann’s creative director AI and Bacardi.
New Balance wins trade mark battle in China
New Balance has won a landmark victory against three knock off companies in China who were copying their iconic running shoes. The trade mark infringement case focused on their slanting N logo.
In the largest trade mark infringement award ever granted to a foreign company in China, New Balance has been awarded $1.5 million in compensation. This clears the way for other foreign companies in China who are battling against IP infringement. The three Chinese companies that were upheld for infringement are New Boom, New Bunren and New Barlun.
About Dawn Ellmore Employment
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Sources:
https://www.ft.com/content/7aefea7a-9ee9-11e7-9a86-4d5a475ba4c5