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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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re trade mark/patent. we are launching a new range of vodka,

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re trade mark/patent. we are launching a new range of vodka, 5 flavors with our own logo/branding on the bottle, which is currently going through trade mark process. . we are using a very close match of the absolute vodka bottle, but without the embosed round crest on the neck of the bottle. would this infringe on any tm/patent rules
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

It wont infringe any patents because it is not an invention but Trade Mark will be applicable.

The main idea of a TM is that it identifies the goods and services of a particular product and their origin.

The first issue is that you are selling a similar product or good the second question you have to ask is "is the logo likely to cause confusion in the mind of the general public as to the origin of the product" if the answer to this is yes then you will likely be guilty of Trade Mark infringement.

I would add to this as well that in registering a TM you have advertise it and in all likelihood Absolut will have someone monitoring the register and they will be entitled to object to your registration of the TM if they see it advertised.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

i can confirm our logo on the bottle is nothing like the absolute logo/design and we are not using the same names re flavours. would this protect me from same size/shape bottle. also, ours is frosted black

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The bottle of Absolut is fairly distinctive, but as long as in the mind of an objective person (the public) there is no likelihood of confusion then you will not be infringing their Trade Mark.

The only concern is the bottle shape might be a registered design right but I have done a brief search at the Intellectual Property Office and cannot see a registered design for absolut. It would be worth getting your Trade Mark attorney to do a more comprehensive search.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3606
Experience: Solicitors 2 years plus PQE
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