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Written by Anne Chambers
So. When someone says to you think of a trademark (as one does …) what’s the first thing that comes to mind?
Coca Cola® Google® Apple® McDonald’s® Chanel® Dior® (♥ j’adore ♥) Nike® ... and loads more. BUT did you know this … 😉
Amazon has overtaken Google and Apple to become the world’s most valuable brand at $315.5 billion
Apple comes second valued at $309.5 billion
Google is in third place at $309 billion
Microsoft at $251.2 billion is fourth
Visa is worth $177.9 billion
Facebook (which owns What’s App) scores $159 billion
Crumbs!
A trademark is the persona and identity of your business in the marketplace. It protects your brand investment and can be a huge asset in your annual accounts: bank manager is a happy Easter bunny.
BUT infringement can damage your reputation and someone else profits from your ® without your approval ☹
So. Speak to us here at Parfitt Cresswell about trademark registration and infringement: we advise and assist individuals and businesses of all sizes and will work proactively with you to look after your cherished graphics, name, words, slogans, logos, shape of goods, packaging – and a whole bunch more.
We are offering a number of complimentary telephone/video conference consultations for the month of April. To find out more and reserve your spot to speak with one of our expert solicitors call 0800 999 4437 or email enquiries@parfittcresswell.com today.
By the way: just so you know, an unregistered trademark can be protected if someone uses it without your permission—known as ‘passing off’—but it’s way more difficult to prove than safeguarding a registered trademark: you’ll have to show that:
You own the mark
You’ve built up goodwill associated with the mark
You’ve suffered harm as a result of the passing off
Your call is awaited!
Before I go, here are a few light-hearted samples of bizarre trademarks … won and lost.
Back in 2004 President Trump tried and failed to register his catchphrase ‘you’re fired’ in the US version of the TV series The Apprentice (he kept his hair on)
DC Comics objected to Rihanna’s application to register her birth name Robyn—DC owns the trademark to Batman’s sidekick Robin who, despite appearances, is 48 years older than the singer
Welsh footballer Gareth Bale is known for his heart-shaped hand gesture when a goal is scored (by his team of course): he can’t own the hand gesture, but he does have a logo with his number 11 in the middle
Apple tried to sue Amazon and other outlets over use of the term ‘App Store’: apparently Apple claimed that ‘app’ is an abbreviation of ‘apple’. They lost.
Two well-known artistes, Beyoncé and Jay-Z, tried again and again and finally succeeded in registering the name of their children Blue Ivy so as to prevent others from profiteering from their identify. Okaaaaaay …
In most cases commonly used phrases cannot be registered but somehow Paris Hilton’s advisors sorted it when she applied to register ‘that’s hot’: probably because the trademark only applies when used in certain situations including clothing, electronic devices and alcohol. The TV weather channels must be mopping their brows (lol)
Parfitt Cresswell provide expert legal services in the following areas: Business & Employment Law, Family Law, Property & Conveyancing, Commercial Property, Dispute Resolution & Litigation, Wills, Probate & Trusts, Lasting Power of Attorney, Taxation and Elderly Client Services. Further details of these services can be found on our website at www.parfittcresswell.com.
To take advantage of our complimentary telephone/video consultation please call 0800 999 4437 or email enquiries@parfittcresswell.com.