How to build and protect a strong brand
Did you know that even if you’ve been trading under your business name for many years, it can still be registered and used by someone else?
Even more worryingly, did you know you could even be forced to stop using the name if you are not properly protected. The consequences are just too frightening to think about. But it happens. Don’t just take our word for it - read this story if you think your business is immune from this kind of danger...
BARCELONA BLUES!
The importance of trade mark registration was illustrated nicely in a European Court of Justice Decision at the end of 2007 which confirmed that the owner of a business called FINCAS TARRAGONA operating in the insurance and real estate field since 1978 was not entitled to seek invalidation of a trade mark registration obtained in 2002 by a competitor using the same mark, as part of a defence to a lawsuit claiming trade mark infringement. The ECJ held that, despite the fact that the Defendant had a considerable reputation around the Barcelona region as a result of 25 years of prior use it did not extend across the whole of Spain and hence it was insufficient to act as a defence to a claim for trade mark infringement. In the circumstances, the Court ruled that the trade mark was validly registered by his competitor but the Defendant could continue to use it in the geographical area in which it had a reputation, but nowhere else, and only for the specific services for which the mark had been used prior to his competitor seeking registration.
This is a salutary reminder that registration of trade marks is essential for businesses hoping to expand and, perhaps more to the point, for businesses wishing to prevent competitors from taking advantage of a trade mark registration system based on a first to file rule as opposed to a first to use.
Select your preferred date to register your place now.
25th March
Alternatively, contact Faye Clemo on 029 2047 4421 or f.clemo@capitallaw.co.uk.
