Cognate's Trademark Blog

Lexology Article: Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends

Law firm Goulston & Storrs PC write…. It seems that nearly every day another retailer announces the large-scale closure of brick-and-mortar storefronts, with such household brands as Toys…   Read full article at (paywall)

The trademarking of smells and scents is now a thing after recent amendments to US & EU legislation

Recent interpretation and amendments to US and EU Trademark law have allowed for the trademarking of scents. As commercial businesses seek to capitalize on nostalgia and sensory marketing to boost sales, the filings for such marks can only be expected to rise. reports IP Brief This makes for fascinating reading especially if you’ve ever read … Read more

Trademark “Use”: Understanding “Actual Use”, “First-to-Use” and “First-to-File”

  Some of the most common questions we get at Cognate are centered around the concept of trademark “use.” Three foundational concepts related to trademark use are actual use, first-to-use, and first-to-file. Actual Use Essential to enforcement and protection of trademark rights is the concept of “actual use” (or “use”). Trademark use is achieved when a trademark is … Read more

UK Lawyer Warns On Brexit & Trademarks

Ben Travers, partner and head of intellectual property and IT at UK firm,Stephens Scown, warns about issues for EU TM owners. The magazine writes…. A leading intellectual property lawyer has warned that EU trade mark and design owners – of which there are many in Cornwall – must act now to ensure that their intellectual … Read more

Forbes Article: “College Football Bowl Sponsorship Names And Trademarks: What Can You Learn?”

NFL, sponsorship and trademarks are tackled in this Forbes piece published yesterday. Here’s a taster of the issues. To read the full article please link at the URL. Sponsorships can expand trademark rights. Association with events and sponsorships gives the trademark owner the ability to say its name is used beyond its core product range, … Read more

Article: Canada – Why it’s important to differentiate between a trademark and a registered trademark

One protects your business well outside just the commercial area of its operations. It is difficult to overstate the importance of a trademark to a business in Canada   As the means by which the general public identifies goods and services, a trademark is an extremely valuable asset, and the protection of it is of … Read more

Article: The Five Kinds of China Trademark Squatters

It’s all about registering trademarks and patents in China at the moment. This article published by the China Law Blog is a great start if you need to reference what’s happening in trademark squatting, Chinese style, at the moment. Here’s their article and we really recommend this blog as a great first step in the … Read more

Australian Universities Join Forces With IP Australia To Create Internationally Linked Trademark Database, “TMLink.”

An internationally linked trademark database called TMlink is currently being developed by IP Australia, Swinburne University of Technology and the University of Melbourne. This new database is to be a world-first platform that links trademark application numbers across countries. It will also show how trademarks are used in different markets, opening up new opportunities for … Read more

Trademark Law Update 14 September 2017

Another week another round of trademark stories for you. News includes, Myanmar updating their trademark legislation. Oman ratifies IP laws. Somebody has decided to trademark “Brexit” and Asian American rock band ( from Portland, of course!) the Slants celebrate their Supreme Court win.   Title:  Myanmar Update: Prepare Now for the New Trademark Law Author:  Spruson … Read more

Trademark Law Roundup: Update 8 September 2017

A number of interesting developments and articles have come in at the end of the week so we thought it would be worth registering the most relevant for you.   Title: Bacardi Sues Feds for Records About Disputed ‘Havana Club’ Trademark Author: National Law Journal Date: 7 September 2017 URL: mcode=1202615432818&curindex=1&slreturn=20170808174305 Extract:  Bacardi has taken new legal action in … Read more