A successful indigo battle for O2 in The UK

telephone-booth-768610_960_720.jpgThe UK telecom O2 successfully won an opposition against a UK trademark application for Indigo Blue applied for class 41:

Arranging and conducting of concerts; Services for the showing of video recordings; Services providing entertainment in the form of live musical performances; Showing of prerecorded entertainment; Singing concert services; Song publishing; Song writing services; Songwriting; Sound recording and video entertainment services; Sound recording services; Sound recording studio services; Music concerts; Music entertainment services; Music festival services; Music performance services; Music performances; Music production; Music publishing; Music publishing and music recording services; Music publishing services; Music recording studio services; Musical concert services; Musical concerts by radio; Musical concerts by television; Musical entertainment services; Musical performances; Entertainer services; Entertainer services provided by musicians; Entertainment; Entertainment by means of concerts; Entertainment by means of radio; Entertainment by means of roadshows; Entertainment by means of telephone; Entertainment by means of television; Entertainment in the form of live musical performances (Services providing – );Entertainment in the form of recorded music (Services providing -);Entertainment in the form of television programmes (Services providing -);Entertainment services; Entertainment services for matching users with audio and video recordings; Entertainment services for matching users with computer games; Entertainment services for producing live shows; Entertainment services for sharing audio and video recordings; Entertainment services in the form of concert performances; Entertainment services in the form of musical vocal group performances; Entertainment services performed by a musical group; Entertainment services performed by musicians; Entertainment services performed by singers; Entertainment services provided by a music group; Entertainment services provided by a musical group; Entertainment services provided by a musical vocal group; Entertainment services provided by performing artists; Entertainment services provided by vocalists.

O2 invoked rights over several of its earlier EU trademarks for INDIGO  and INDIGO2 for the same class.

According to the UKIPO, both signs are very similar because of the word INDIGO. The difference between them is the word Blue and the number 2.

From a conceptual point of view, the trademarks are almost identical bearing in mind that for some of the consumers Indigo is a shade of blue. A slight difference can arise only if Indigo is perceived as purple. However, even in that case, both colors are closed.

Taking into account that the first part of the marks is identical, the UKIPO uphold the opposition in its entirety.

This is yet another case which comes to show how important is preliminary trademark clearance search. This search can help a lot in the assessment of the chances one sign has to be registered as a trademark and from another hand to avoid eventual disputes.

It is always advisable to do your homework before to file an application. This will save you time and money.

Source: WIPR.

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‘Trump TV’ was refused as a trademark in The UK

pexels-photo-134469.jpegThe English High Court has dismissed an appeal from Trump International company (owned by German national Michael Gleissner) against the UKIPO decision to refuse registration as a trademark for ‘Trump TV’ in classes 38 and 41.

The US company DDTM Operations, which manages Donald Trump’s IP portfolio, filed an opposition against this mark based on alleged bad faith application. According to DDTM Operations, this trademark tries to take advantages from the reputation of the US President.

The UKIPO agreed with this claim and refused the application taking into account the Gleissner’s previous attempt to register similar signs.

The Court upheld this decision concluding that the applicant failed to give any reasonable arguments to support an eventual bona fide nature of its application.

Source: WIPR.

EU trademarks in case of a hard Brexit – clarifications

brexit-4011711_960_720.jpgThe UK Patent Office published some clarifications what would happen with all European trademarks in case of a hard Brexit without a deal with the EU.

In that case, The UK will recognize all registered EU trademarks and will transform them into national trademarks. They will be indicated with UK009 in front of their EU numbers.

There will be no cost for the relevant owners and as little administrative burden as possible. However, the Patent Office will not issue trademark certifications for them. Information for these marks will be available in the UK trademark database.

When it comes to EU applications for trademarks, their owners will have up to 9 months to file identical applications in The UK. In that scenario, they will use the same priority date from their EU applications.

The full text can be found here.