The law of passing off prohibits one merchant from portraying their goods or services as those of another and falsely claiming that their goods or services have any link or connection with another. Passing off is a civil offence, and can be used to protect your unregistered trade mark. While passing off exists, it is […]
Make anything as a content creator, and you will have what is known as intellectual property (IP). Most people think of IP as ‘thought inventions’. This includes innovations, design, and even the name of a company. Every day, thousands of new items appear on the internet, and it is vital to remember that every invention […]
You must register your trade mark with the China Trade Mark Office (CTMO) if you wish to protect it in China. A trade mark registration can provide you with more straightforward and cost-effective enforcement alternatives than are otherwise accessible, such as criminal remedies against counterfeiters. Without registration, enforcement under China’s rules and regulations on the […]
Some people believe that a trade mark is simply a sign associated with a brand. A trade mark is not just a logo, contrary to common opinion. It may be a message, word, sound, picture, packaging feature, or combination of those things. It is important to take early and proactive steps to protect your valuable […]
It is an excellent idea to do a thorough search before applying for a trade mark, to ensure that no similar trade marks are either pending or registered. It is a smart option to broaden the search as much as possible. However, searching is not quite as straightforward as it seems. It takes talent and […]
Composite trade marks are made up of any combination of words, devices, forms, sounds, smells or colours. They must meet the criterion of being able to identify specified products or services in the marketplace when viewed as a whole. Combinations, on the other hand, are more likely to have a larger capacity for differentiation. It […]
If you have missed a trade mark deadline, you may be wondering what to do next. In some cases, however, you can receive an extension and avoid losing your trade mark. If you have missed trade mark deadlines, this article will explore some of the key legal questions to ask before moving forward with a […]
Trade mark infringement occurs when a person, without the permission of the trade mark owner, uses a trade mark that is identical or similar to the owner’s trade mark concerning the same goods or services that the owner’s trade mark protects. However, there are some instances, otherwise referred to as defences, where trade mark infringement […]
At its very core, trade marks are a form of intellectual property that must be capable of distinguishing a good or service from other goods or services in the market. If registered trade marks are no longer capable of doing so, the law cannot protect them. This article outlines how trade marks can lose their […]
