Archive for July 29th, 2009

Money matters

We have just published a short update on the new data protection notification fees regime which will take effect in October. For some (not all) organisations with 250 or more staff, the annual registration fee will jump from the current flat rate of £35 to £500. Take this link to see whether your organisation may be affected.

Our update also looks at the Intellectual Property Office’s new credit crunch beating “Right Start” service, which aims to take the sting out of the up front costs of applying for registered trade mark protection. The service launches in October. Worth a look for any organisation which might otherwise be deferring a trade mark application until the economic outlook improves.

Eleanor

A face for radio – Virgin Trade Mark Story

Yesterday I appeared on Radio Scotland’s News Drive programme to talk about a recent case where Virgin/Branson were unsuccesful in getting a rival trade mark application blocked.

Here is a link to the story.

http://www.telegraph.co.uk/news/uknews/5922650/Richard-Branson-loses-stranglehold-on-use-of-word-virgin.html

My main point was that in Registered Trade Mark law terms a made up word such as Kodak or Viagra is usually better as it less likely that someone can use that word legitimately.

I also mentioned that it is possible that Virgin knew they were going to lose, but went for it anyway because it would get publicity (Branson is a master of publicity).  And here I am giving him some more. Hmm.

I also got to talk about my favourite TM case Wagamama v  Rajamama. Wagamama managed to use its trade mark stop an Indian restuarant nearby from changing its name to “Rajamama” on the basis that members of the public would think the businesses were connected.  While no longer a key case in terms of trade mark law its still a favourite of mine because of the name. Go on – say it out loud – it will make you smile.

 

Douglas


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