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TRADEMARKS. A review of the intellectual property of Lofthouse of Fleetwood Ltd and how it can help you. What is a TRADEMARK?. Any sign that has some distinctive character It can be in the form of:-. What is a TRADEMARK?. Words ESSO, McDonalds, Sony, Fisherman’s Friend ,
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TRADEMARKS A review of the intellectual property of Lofthouse of Fleetwood Ltd and how it can help you
What is a TRADEMARK? Any sign that has some distinctive character It can be in the form of:-
What is a TRADEMARK? • Words • ESSO, McDonalds, Sony, Fisherman’s Friend, • Letters/Numerals • IBM, AT&T, BMW, No 5, FF • Slogans • “Probably the best lager in the world” • “Sind siezu stark, bist du zuschwach”
What is a TRADEMARK? • A Device or Logo It can be any sign that has some distinctive character Such as:- • Or even a Colour orange
What is a TRADEMARK? • A Shape of Goods or Packaging It could be:- • A Sound • Hamlet cigars - air on a G string
Trademarks • First mark registered on 7th Dec 1963 • Registration number B857595 • Class 5 • Jurisdiction - England and Wales Lofthouse’s Original Fisherman’s Friend
Trademarks • The date of registration is very IMPORTANT Lofthouse’s Original Fisherman’s Friend • As it is critical for defence of the TM • And it gives priority to other marks by association
Trademarks • Covers over 100 countries Lofthouse of Fleetwood has 450 TM registrations • In 18 product classes • All current logos registered in all major markets
Trademarks The intellectual property has a greater value than any other asset of the Company What is the VALUE to LoF?
Trademarks • Unlike Patents - TMs last indefinitely How long do Trademarks last? • Provided the TM is renewed in time • Provided the renewal fee is paid • Provided use of the TM can be demonstrated
Trademarks • Always use the logo correctly – as shown in the Packaging Manual Incorrect use makes Trademarks vulnerable • Never abbreviate or corrupt the logo • Always acknowledge the ownership of the mark
Trademarks • Trademarks provide Product Recognition How can Trademarks help you? • Provide the consumer with a quality standard • Prevent unfair competition
Trademarks • The Following are past litigation successes:- • Products have been withdrawn Preventing unfair competition • Packs forced to change • Manufacturers lost the trust of the trade
Product Withdrawn Trademarks Litigation Germany/Holland Skipper 1986 Packing Destroyed - Getup changed
Trademarks Product Withdrawn Litigation Holland- Strong & Fresh 1986
Trademarks Product Withdrawn Litigation Denmark - Fresh & Free 1989
Trademarks Product Withdrawn Litigation UK Bosun’s Mate 1990
Product Withdrawn Trademarks Litigation Germany Captain’s Fresh 1990
Product Withdrawn Trademarks Litigation Germany Vivil Friendship 1994 Bag getup moved horizontal to vertical Vivil made more prominent than Friendship Stand closed at ISM
Product Withdrawn Trademarks Litigation Germany Athos T Shirts 1996 plus damages
Product Withdrawn Trademarks Litigation Germany Fickerman’s Freund 1998
Product Withdrawn Trademarks Litigation Taiwan Counterfeit Product 2002 plus damages
Notice to Withdraw Damages & Costs to LoF Trademarks Litigation Denmark Fisherman Vodka 2002
Product Withdrawn 2007 Trademarks Litigation Denmark Fisherman Vodka 2002
Danish High Court Action €350,000 Damages to LoF Computers Confiscated Their TMs given to LoF Product Destroyed Trademarks Litigation Denmark Fisherman Vodka 2002
Trademarks • Over 120 cases on file Litigation • Almost 75 cases involve Germany • Many “Internet” warning letters • Very successful in defending our position
Trademarks • Inform LoF of any conflicting products What do you need to do? • Follow the rules from the Brand Manual • Always use Trademarks correctly • Never give permission for others to use LoF Trademarks
Please remember to use Lofthouse of Fleetwood Trademarks correctly