cfi-The Look and The Law Aug 09:The Look, The Law & The Knowledge 2009 07/09/2009 13:55 Pag
Trade marks are registered in “classes” of goods and services. There are 45 classes
which cover most of the range of any business activities. Depending on your
budget, you will wish to protect yourself for as broad a range of your goods and
services as possible, in as many classes as you genuinely trade in. The core classes
for designers are Class 25 (clothing, footwear, head gear), and Classes 14 & 18 for
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accessories such as jewellery, handbags, shoulder bags & purses. It’s worth
discussing with your legal advisors before you commit to anything, so that you can W
understand the overall cost and any dangers from other brand owners.
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For brands that have a reputation, protection can extend to prevent use of an
identical or similar mark on similar and dissimilar goods/services where the use
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would be unjustified or “without due cause” and would take unfair advantage or
detriment – this is aimed at guarding against “free-riding” and “tarnishing” a brand,
both activities that can be particularly damaging in the fashion field.
Trade mark registration can be sought on many different levels so, for example, the
corporate or individual name, the “line” or product name, the get-up or packaging,
the shape, provided of course that all are distinctive.
Registration is initially for 10 years and can be extended indefinitely if renewal fees
are paid – this is therefore the only registered IP right which potentially gives a
perpetual monopoly.
Trade mark registration can take from 5-12 months on average in the UK. The basic
system is this:
Make the application and pay the required fees (please note that depending on the
territory in which you apply there is sometimes separate filing and registration fees.
In the UK you only pay once, upon filing.
Application is examined within around six weeks.
If all ok, the application is “advertised” for a period of eight weeks (extendable for a
further four weeks in certain situations). This means that anyone can oppose your
application during that period. Should you receive no objection or opposition by any
third party, at the end of the advertisement period the application is automatically
registered.
You will receive a registration certificate for your records a couple of months after.
The registration process for UK trade marks and designs is all run through the UK
Intellectual Property Office. Their current website is www.ipo.gov.uk.
The registration process for EU trade marks and designs is managed by OHIM
(Office for Harmonization in the Internal Market) and information can be found at
http://oami.europa.eu/ows/rw/pages/index.en.do.
www.davenportlyons.com
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