Discussion
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
AlexB said:
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Thanks AlexMany of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Basically I registered the UK trademark under two classifications(software and printed matter I recall). I then licensed the product for sale across the world and the licensee tried to register the EU trademark. I provided them with a discription and it is a very precise classification. I thought perhpas they had got the wrong end of the sticj but it sounds about right. One for their lawyers to sort I think.
Brown and Boris said:
AlexB said:
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Thanks AlexMany of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Basically I registered the UK trademark under two classifications(software and printed matter I recall). I then licensed the product for sale across the world and the licensee tried to register the EU trademark. I provided them with a discription and it is a very precise classification. I thought perhpas they had got the wrong end of the sticj but it sounds about right. One for their lawyers to sort I think.
JuniorD said:
Brown and Boris said:
AlexB said:
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Thanks AlexMany of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Basically I registered the UK trademark under two classifications(software and printed matter I recall). I then licensed the product for sale across the world and the licensee tried to register the EU trademark. I provided them with a discription and it is a very precise classification. I thought perhpas they had got the wrong end of the sticj but it sounds about right. One for their lawyers to sort I think.
Also make sure that the licence agreement covers the IP rights and permitted use.
Drop me a line if you want
XB70 said:
JuniorD said:
Brown and Boris said:
AlexB said:
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Thanks AlexMany of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Basically I registered the UK trademark under two classifications(software and printed matter I recall). I then licensed the product for sale across the world and the licensee tried to register the EU trademark. I provided them with a discription and it is a very precise classification. I thought perhpas they had got the wrong end of the sticj but it sounds about right. One for their lawyers to sort I think.
Also make sure that the licence agreement covers the IP rights and permitted use.
Drop me a line if you want
The contract shows the IP as mine, and I have the UK trademark on their licensed version which is not part of the contract (not sure they realise that). I don't want the EU trademark because my legal advice was that there were 'passing off' risks which they have agreed to handle and compensate me for if there is a challenge. As a large multi-ntaional they feel the risk is low enough in usinmg the name in Europe, I am less comfortable so they are welcome to it!
Brown and Boris said:
XB70 said:
JuniorD said:
Brown and Boris said:
AlexB said:
It depends on the words and what they are to be registered for. If they are descriptive of the product/services themselves or what they do (or is deceptive) then registration is unlikely - basically if there is a good reason why the word should be free for all to use then you shouldn't be able to get it registered. So you couldn't register "Orange" for fruit, but for mobile phone services it isn't really a problem.
Many of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Thanks AlexMany of these problems can be overcome by providing evidence (if you can) that the word is only associated with your company, but for common words such evidence is unlikely to exist.
You say you trademarked two words - I assume that this means that the UK IPO has registered them without raising "lack of distinctiveness" objections - since the UK IPO should apply the same standards as the Community Trade Mark system then there should be no problem. If you are worried then it's probably best to speak to your trade mark attorney.
Alex
Basically I registered the UK trademark under two classifications(software and printed matter I recall). I then licensed the product for sale across the world and the licensee tried to register the EU trademark. I provided them with a discription and it is a very precise classification. I thought perhpas they had got the wrong end of the sticj but it sounds about right. One for their lawyers to sort I think.
Also make sure that the licence agreement covers the IP rights and permitted use.
Drop me a line if you want
The contract shows the IP as mine, and I have the UK trademark on their licensed version which is not part of the contract (not sure they realise that). I don't want the EU trademark because my legal advice was that there were 'passing off' risks which they have agreed to handle and compensate me for if there is a challenge. As a large multi-ntaional they feel the risk is low enough in usinmg the name in Europe, I am less comfortable so they are welcome to it!
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