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TRADEMARKS

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

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  1. TRADEMARKS A review of the intellectual property of Lofthouse of Fleetwood Ltd and how it can help you

  2. What is a TRADEMARK? Any sign that has some distinctive character It can be in the form of:-

  3. 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”

  4. 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

  5. What is a TRADEMARK? • A Shape of Goods or Packaging It could be:- • A Sound • Hamlet cigars - air on a G string

  6. What is a TRADEMARK?

  7. Trademarks • First mark registered on 7th Dec 1963 • Registration number B857595 • Class 5 • Jurisdiction - England and Wales Lofthouse’s Original Fisherman’s Friend

  8. 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

  9. Trademarks • Covers over 100 countries Lofthouse of Fleetwood has 450 TM registrations • In 18 product classes • All current logos registered in all major markets

  10. Trademarks The intellectual property has a greater value than any other asset of the Company What is the VALUE to LoF?

  11. 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

  12. 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

  13. Trademarks • Trademarks provide Product Recognition How can Trademarks help you? • Provide the consumer with a quality standard • Prevent unfair competition

  14. Trademarks • The Following are past litigation successes:- • Products have been withdrawn Preventing unfair competition • Packs forced to change • Manufacturers lost the trust of the trade

  15. Product Withdrawn Trademarks Litigation Germany/Holland Skipper 1986 Packing Destroyed - Getup changed

  16. Trademarks Product Withdrawn Litigation Holland- Strong & Fresh 1986

  17. Trademarks Product Withdrawn Litigation Denmark - Fresh & Free 1989

  18. Trademarks Product Withdrawn Litigation UK Bosun’s Mate 1990

  19. Product Withdrawn Trademarks Litigation Germany Captain’s Fresh 1990

  20. Product Withdrawn Trademarks Litigation Germany Vivil Friendship 1994 Bag getup moved horizontal to vertical Vivil made more prominent than Friendship Stand closed at ISM

  21. Product Withdrawn Trademarks Litigation Germany Athos T Shirts 1996 plus damages

  22. Product Withdrawn Trademarks Litigation Germany Fickerman’s Freund 1998

  23. Product Withdrawn Trademarks Litigation Taiwan Counterfeit Product 2002 plus damages

  24. Notice to Withdraw Damages & Costs to LoF Trademarks Litigation Denmark Fisherman Vodka 2002

  25. Product Withdrawn 2007 Trademarks Litigation Denmark Fisherman Vodka 2002

  26. Danish High Court Action €350,000 Damages to LoF Computers Confiscated Their TMs given to LoF Product Destroyed Trademarks Litigation Denmark Fisherman Vodka 2002

  27. Trademarks • Over 120 cases on file Litigation • Almost 75 cases involve Germany • Many “Internet” warning letters • Very successful in defending our position

  28. 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

  29. Please remember to use Lofthouse of Fleetwood Trademarks correctly

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