Companies don’t realise the full benefits of protecting their products and services with trade marks according to Richard Kempner, Partner at leading Leeds-based intellectual property law firm Kempner Robinson.
Mr Kempner made the comments to a meeting of in-house intellectual property lawyers for leading brands at a Conference in Milan on how the European Courts are shaping National Trade Mark laws; where he was the only British lawyer invited to speak on UK law.
Mr Kempner said: “Trade mark protection can go beyond the area of business initially registered where a trade mark (including a logo) is well known. A number of recent test cases in the UK and Europe show that there is a seismic shift has recently taken place extending the rights of those who have registered their trade marks. If you’ve not registered, you can’t benefit.
“Where you have a trade mark registered in the UK, which is well known, and the threshold for that is not very high at all, the law now clearly prevents other companies from free riding on the coat-tails of that mark, even in entirely different areas, and you don’t even need to show that people are confused.”
“For example, if you had a fashion brand with a trade mark registration for clothing (ie in Class 25), an aftershave company can’t now free-ride on your name or logo by launching a scent with a similar name.”
You can get a registered trade mark for as little as £200 and one which covers the whole EU for a remarkable £800.
Mr Kempner adds: “Companies who scrimp on registering trade marks to make savings lay themselves open to a number of risks by other companies free-riding on their good name. Although there is a short term cost, the long term benefits more often than not often far outweigh them.”
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For further information contact:
GREEN Communications
Thomas Atcheson, Account Manager Tel: 0845 4503210 E: thomas@greencomms.com
Kathy Burke, Account Executive Tel: 0845 4503210 E: kathy@greencomms.com
Kempner Robinson
Mr Richard Kempner: Tel: 0113 393 1922; e-mail: kempner@kempnerrobinson.com
Editors Notes
Kempner Robinson is a specialist intellectual property law firm.
Kempner Robinson advises clients, including leading multinational IP owners, on their IP strategies and assists in the protection, exploitation and enforcement of IP rights world-wide. Its clients include Americana, ASDA, BASF, British Gas, Jet2.com, JD Sports and Republic.