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Category: Understanding IP

What is Trade Mark "Distinctive Character"?

What is Distinctive Character? By definition, a trade mark must be able to distinguish the goods and services of one business undertaking from those of another. This allows a consumer to choose between products from different sources when selecting one for purchase. When a trade mark application is filed, it is examined to determine whether it has sufficient distinctive character. But what does this mean, and how is it assessed? A recent decision taken by UK Intellectual Property Office (UKIPO)…

The Advantages of Filing a Patent Application and Obtaining a Patent

There are many advantages of filing a patent application and obtaining a granted patent status for your invention. Although it may feel daunting at the outset, it need not be with professional help from an experienced patent attorney to draft the application for you and guide you through all the pitfalls. Done properly and professionally it can provide a huge benefit to your business. On the other hand, if it is carried out by an unskilled person, the protection of…

Be Careful What You Say – Intellectual Property and Unjustified Threats

In 2023, a London cyclist, who posts footage to a YouTube Channel under the name of 'Chapona Bicyclette' showing vehicles making dangerous manoeuvres around or near cyclists, uploaded footage of a van overtaking the cyclist in an allegedly dangerous manner. The cyclist also sent the footage to the company that owned the van (Cornices Centre), with an expectation of an apology and assurance that the driver of the van would receive an appropriate reprimand. Instead, the cyclist received an email…

Responding to a Cease and Desist Letter: Let SH&P Guide You

Receiving a cease and desist (“C&D”) letter can be a daunting experience for any business and probably feels even worse if you are a small business or a sole trader. A C&D is a formal way of someone saying, "Hey, we think you're infringing on our intellectual property rights." But before you panic, remember, SH&P is here to help you navigate through tricky waters.

Don’t Panic! Overcome a Possible Trade Mark Opposition (Form TM7A)

What happens when you receive a Notice of Threatened Opposition (Form TM7A) from the UK Intellectual Property Office (UKIPO)? It's a situation that many applicants face. It's also a situation where SH&P can provide expert guidance to help you deal with it successfully. It does not necessarily the mean the end of your trade mark application and it certainly doesn't mean the end of your business. Let us explain why. Get in touch with us now for a free consultation.

UK Address for Service Requirement for Trade Marks & Designs - New Rule Now In Force

  What is a "Comparable Right"? At "Brexit", the EUIPO took steps to withdraw the representational rights of all non-EU based representatives. On 1st January 2021, all registered EU trade marks and Community designs were "cloned" and re-registered, creating new and independent comparable UK trade mark registrations and comparable UK registered designs. These comparable rights were automatically entered on the United Kingdom Intellectual Property Office (UKIPO) register and must now be managed separately and renewed at the appropriate dates by…

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