How do trademarks work?

[Kermit power]

I'm sure I read somewhere that one of the reasons Intel changed from the x86 naming convention to Pentium was because they couldn't trademark a number. Equally though, didn't Porsche name the 911 as the 911 because Peugot had already trademarked whatever number they initially had in mind?

Equally, in a world where Saab can sue Memsaab pickles (unsuccessfully iirc), how come both Canon and Panasonic have a camera of similar price called the G10 and their lawyers aren't ripping each others' throats out?

Can anyone provide an idiot's guide to what can and can't be trademarked?

[Cock Womble 7]

I'm pretty sure there was something similar between Caterham and Westfield, when Westfield tried to call their Seven a Seven.

I think there was a Court ruling that numbers couldn't be trademarked.

(Although didn't MGM/The Broccolis kick off when Peugeot wanted to call a car the 007?)

[Ganglandboss]

Kermit power said:

Equally though, didn't Porsche name the 911 as the 911 because Peugot had already trademarked whatever number they initially had in mind?

The 911 was originally going to be the 901, however, Peugeot have trademarked vehicle numbers with zero in the middle but this only applies in France. Porsche would have had to sell it under another name in France so instead chose a different name. I find it a little strange though as the French don't normally offer much opposition to the Germans.

[Ganglandboss]

Cock Womble 7 said:

I'm pretty sure there was something similar between Caterham and Westfield, when Westfield tried to call their Seven a Seven.

I think there was a Court ruling that numbers couldn't be trademarked.

(Although didn't MGM/The Broccolis kick off when Peugeot wanted to call a car the 007?)

From Wiki:

"The 1007 is the first mainstream car from Peugeot to feature a "double zero" number. In English-speaking countries, the name is marketed with the pronunciation "ten-oh-seven". Originally launched with the pronunciation "one-double-oh-seven" and James Bond-style promotion, Peugeot revised their strategy under pressure from the Bond franchise owners[2][3]. It is also commonly called the "one-thousand-and-seven". In France it is marketed as the "mille-sept"."

[toast boy]

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

[McSam]

toast boy said:

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

Yep, I noticed that Lastminute.com have trademarked their pink too - have a look at the bottom of the page!

[WorAl]

Interesting topic, I'd like to know how you go about registering a trademark?

[Famous Graham]

McSam said:

toast boy said:

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

Yep, I noticed that Lastminute.com have trademarked their pink too - have a look at the bottom of the page!

Pretty sure EasyJet have protected "their" orange as well.

I believe it's a combination of factors rather than solely the colour. Such as the font, or similar name along with the specific pantone reference.

[StevieBee]

toast boy said:

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

The trademark here will extend only to the orange colour being used in the same context as DynoRod, i.e. a competitor.

Same goes for numbers and cars. Nothing stopping - for example - Black and Decker launching a drill model called the 911.

How do you register a trade mark?

Appoint of specialist lawyer or agency. They search for existing marks under the same criteria and if available, pay the fee and Bob's your Uncle.

[WorAl]

[tonyvid]

StevieBee said:

toast boy said:

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

The trademark here will extend only to the orange colour being used in the same context as DynoRod, i.e. a competitor.

I noticed that the other day and thought WTF!

[Mojooo]

WorAl said:

Interesting topic, I'd like to know how you go about registering a trademark?

visit ipo.gov.uk website of the intellectual property office - they tell you what can and cannot be given a TM.

[drivin_me_nuts]

StevieBee said:

toast boy said:

I don't know how they work but according to the back of their vans, the Dynorod orange is a trademark. How on earth you can trademark a colour is beyond me though.

The trademark here will extend only to the orange colour being used in the same context as DynoRod, i.e. a competitor.

Same goes for numbers and cars. Nothing stopping - for example - Black and Decker launching a drill model called the 911.

How do you register a trade mark?

Appoint of specialist lawyer or agency. They search for existing marks under the same criteria and if available, pay the fee and Bob's your Uncle.

Do it yourself. I have five trademarks in a number of different classes; two names and three logos. You pay a fee per class and an initial fee and describe exactly what you want it to cover. Unless you are going for a European mark or a world trade mark there is no reason what so ever why you need to pay a Trademark Attorney. It really is a very simple process and it takes only a few months.