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Do I have to identify the designer?
It is possible to waive the name of the designer when filing a European Community Design, but you should be sure that you have the rights to the design

Trademarks are making the news

by | Jun 28, 2013

We have had our eye on recent filings in the UK and Europe…..

 

As the information on the trade mark register is publicly available, it provides a good indication of what we can expect to see over the coming months/years, from celebrities, sports personalities and well established companies. We have spied the following recent filings:

 

The Royals

 

“The Royal Foundation of the Duke and Duchess of Cambridge and Prince Harry” and “The Royal Foundation” are both now registered as Community trademarks, in respect of clothing, charitable services, educational services and the licensing of Intellectual property. In addition, the trademarks “ENDEAVOUR FUND” and “COACH CURE” are protected in the UK by The Royal Foundation in relation to similar charitable and education services.

 

The existence of these rights will deter any third parties from free riding the royal family’s vast reputation or bringing it into disrepute, whilst also allowing the royals an opportunity to promote clothing and chartable services under their brand. We can assume that the trademarks will not be exploited for commercial gain, but interestingly, the ‘royal’ trademark has been used as the basis of an International Application, so we anticipate that this brand will see some significant development, just like the DUCHY and PRINCE’S TRUST brands that have now become synonymous with Prince Charles.

 

Mo Farah

 

Mo makes moves on the UK trademarks register…

 

Mo has filed to protect 3 versions of his now infamous ‘Mobot’ stance as a series of three Marks at the UK IPO. It seems that he may be setting up business once he hangs up his running shoes?

 

GB50000000002645895

 

Gareth Bale

 

The footballer Gareth Bale is looking to follow in the footsteps of the great sports stars, by promoting a brand both on and off the pitch and creating merchandising opportunities

 

The Tottenham winger, who has been rumoured to be planning a move to Real Madrid, has filed UK and European trademark applications for “ELEVEN OF HEARTS” and a figurative drawing of his heart shaped goal celebration, with the number 11 affixed, represented below. In addition, a European trademark Application has been filed for the words GARETH BALE. These trademarks have been filed in respect of jewellery, bags, and clothing, footwear and headgear, so watch this space…

 

GB50000000002657917

 

Update: the above mark is now listed as surrendered on the UK IPO trade mark register.

 

‘Sonic Lost World’

 

The computer gaming world is in heightened anticipation – Sega Corporation have recently filed a new European trademark application for ‘SONIC LOST WORLD’, and excitement is building that a new game is about to be introduced….

 

Guernsey Image Rights

 

Maybe Gareth Bale should consider protecting his personality/image rights on the Guernsey Image Rights register? Whilst registration is confined to the island it allows sports personalities to protect any depiction of their image, regardless of whether it is used in a commercial sense.

 

For Gareth Bale this could present the opportunity to protect an image of his goal celebration, or alternatively his signature. Whilst infringement and damages will be based upon the Guernsey territory alone, the internet presents a unique opportunity to enforce these rights provided they are used for a “commercial purposes”, and are viewable in Guernsey.

 

The most recent sports personality to file a Guernsey Image Rights Application for their image and signature is Heather Watson the British tennis star, born in Guernsey. The image she protected is represented below.

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The experienced team at Albright IP offer advice in all areas of trade mark law and practice, and keep a close eye on recent developments that may be of relevance to you.

 

Author

  • Julia House, Trade Mark Director

    Julia is a hugely experienced Trade Mark Attorney and a Trade Marks Director. She is able to call upon a wealth of knowledge acquired in-house and in private practice; making her well-placed to provide informed, commercial advice in relation to the issues at hand. Julia qualified as a British and European Trade Mark Attorney in 1991.

    Julia's Attorney Profile Page: Julia's Profile

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