In short yes, it can. One of the key requirements when filing a trade mark application is that the applicant is the owner of the trade mark. In the case of a trade mark which is as yet unused at the time an application is filed, the ownership requirement can be met on a prima […]

Firstly, if you have received a cease and desist letter do not ignore it and do not panic. Consult with a trade mark attorney or trade mark lawyer who can advise you whether the letter has merit and/or if you must comply with the letter. Do Not Panic! We know it can be quite frightening […]

When clients approach us to file a new trademark, sometimes they ask whether they need to conduct a search prior to filing. Our view is that it is best practice to conduct a trade mark search at the time of choosing a trade mark, and, certainly before you launch any goods or services under the […]

This is a common question. At the outset, it’s important to understand that it isn’t actually possible to have a single trademark registration that protects your trade mark worldwide, and that’s because trade mark protection is territorial and it’s governed by the different laws and regulations that are in force in the different countries around […]

It is commonly assumed that once a trade mark is registered, it remains in force and can be renewed to maintain a registration for that trade mark indefinitely. While that’s true on the face of it, there’s an important principle of trade mark law that owners ought to be aware of. That is the principle […]