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Trademarks: Cool conceptions and Potty perceptions

Parfitt Cresswell • May 7, 2020
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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.
May 4, 2021
LinkedIn is a key channel for personal branding, so your LinkedIn profile is the launchpad to building a strong professional network. The channel is also the place to be if you wish to continue relationships of key people you meet at zoom networking events allowing you to easily stay in touch after making the effort to attend the meeting. As well as being the touchstone for nurture and lead generation a well optimised LinkedIn profile is on the same level as making a good first impression when you meet in person. How do you optimise your profile? 1. Make sure you have a current and professional head and shoulders photograph of yourself. You are on the platform to do business so ensure you appear to be there for that reason so a picture with your partner, favourite pet or vehicle doesn’t cut it. It should be a current photograph as it could be embarrassing putting a ten-year-old photo on the platform and when you meet a contact in person you look nothing like your photo so it could end up being a little like a bad first date. Be authentic. 2. Also use Canva.com to create a background image as why miss the opportunity to promote your business. If you have staff on LinkedIn create an image for all of them to use as their background as it’s a little like giving them all a company vehicle with no costs attached. 3. Treat your LinkedIn profile as an online resume and ensure you complete every section – a. The about section – I split this into two sections i. My Background ii. What I Do Now iii. Include an email and phone number at the bottom of this section b. Experience – show at least the last two positions c . Education d. Licences and Certifications e. Skills and Endorsements – You can have 50 of these so put in as many as you can for example if you were a bar person you could include customer service. f. Recommendations – request these from people you know 4. Use keywords in your headline – think of the words you would use if you were looking for your goods or services. 5. Join groups which could be a. Within your industry b. Where your target market is c. Services you have an interest in If you require any help or advise we offer training or talk you through the process via zoom. Blog written by Linda Cloke of We Do Social Media Ltd Contact: Linda@wedosocialmedia.co.uk or call 07769943756
By Connectionsb2b January 12, 2021
According to the Health & Safety Executive, over 11 million workdays are lost each year due to stress at work! The latest Employment Law Bulletin from our sponsors Parfitt Cresswell Solicitors focuses on the topic of stress in the workplace and the actions that employers can take to defend themselves against claims arising from this. In the Employment Law Bulletin expert Philip Luff covers: • What stress is • The duties of an employer • The potential action that an employee can bring against their employer for work related stress, and offers tips on how employers can best protect themselves against workplace stress claims To read the article and find out more about Stress Related Claims in the workplace click here . If you would like legal advice regarding an Employment Law matter take advantage of Parfitt Cresswell Solicitors’ complimentary initial video/telephone consultation with one of their legal experts. Call 0800 999 4437 or email enquiries@parfittcresswell.com today to arrange your free initial consultation.
By Parfitt Cresswell November 9, 2020
This article is brought to you by Parfitt Cresswell Solicitors Extension of the Furlough Scheme (CJRS) On Saturday 31st October the Prime Minister announced a further national lockdown in England to address the increasing rate of Covid-19 infections throughout the UK. This lockdown commenced on 5th November and will remain in place until at least 2nd December 2020. Under the previous tiered ‘local’ lockdown arrangements, the Government had announced two Job Support Schemes which were intended to succeed the Coronavirus Job Retention Scheme (furlough scheme). These schemes were known as the ‘JSS Closed’, aimed at businesses that had been forced to close under the tiered restrictions and the ‘JSS Open’, a scheme for businesses who although affected by Covid-19, were still able to open. These schemes were due to replace the existing furlough scheme when it ended on 31 October 2020, with the Government support significantly reduced when compared with the original CJRS. However, along with the announcement of a national lockdown throughout November, it was also announced that the CJRS would be extended for a further month. A few days after this, the Chancellor announced that this extension of the furlough scheme would now run until the end of March 2021. As such, the JSS is not likely to resurface until at least April 2021 (if at all). How had furlough changed By way of a reminder, the CJRS has been through several changes since its introduction in March 2020, from the Government initially funding 80% of an employee’s salary up to £2,500, with government support reducing in recent months as restrictions eased. In October 2020, the month before the scheme was due to end, the government contributed 60% of unworked hours up to a cap of £2,187.50, with the employer paying the additional 20% along with employer national insurance and pension contributions. How will the extension work? In simple terms, the extension of the Furlough Scheme puts employers back to the same level of government contributions that were available in August 2020, with the Government funding 80% of eligible employees’ salary, but the employer having to contribute both employer national insurance/pension contributions themselves. The current understanding is that the furlough extension will operate largely as it did before, however the following now applies: • The extended scheme will run until 31 March 2021. • The employer or employee are not required to have previously used the CJRS • To be eligible, the employee must have been on the employer’s PAYE payroll by 23.59 on 30 October 2020 and the employer must have made a Real Time Information (RTI) submission for that employee by that date. • The employee can be furloughed either full-time or flexibly (for part of their hours). Employers will need to report and claim for a minimum period of seven consecutive calendar days. • The government will pay 80% of eligible wages for any unworked hours, (up to a cap of £2,500) with the employer paying employer NIC and pension contributions on these unworked hours. Employers will need to pay the employees for any hours worked as per usual. • The employer can choose to top up to 100% if they wish but is not obliged to. • The Job Retention bonus for employers (£1,000 for each employee kept on until the end of January 2021) will no longer be able to be claimed in February as planned, but will possibly be introduced at a later date to help avoid the impact of the furlough scheme ending. • The Government will review the scheme in the New Year, so it is still possible that increased employer contributions could be required prior to the end of March. As with all these announcements, further detail and guidance will follow from the government in due course. If you require further legal assistance regarding the CJRS or and other employment law issue, take advantage of our complimentary initial consultation (available via telephone or video call) today by calling 0800 999 4437 or email enquiries@parfittcresswell.com
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