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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1729
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I would like to speak to someone who could help with a

Customer Question

Hello, I would like to speak to someone who could help with a Trademark application in the UK please?
JA: Is the trademark federally registered?
Customer: We are UK based
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No nothing like that. We are trying to come up with a brand name and I've looked on the UK trademark directory and it's not taken, however it's taken in the US
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Knowledge on Amazon Brand Registry would help, as the brand already appears to be showing on Amazon UK, despite not having any active availability.
Submitted: 13 days ago.
Category: Law
Expert:  Ed Turner replied 13 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 13 days ago.
Hello Ed, my name is ***** ***** to virtually meet you!
Customer: replied 13 days ago.
No need for a phone call here Ed, I don't think anyway
Customer: replied 13 days ago.
Shall I go ahead and ask the question? Let me know. Thanks
Expert:  Ed Turner replied 13 days ago.

Yes, please provide some further information about your legal issue and I will answer your question.

Customer: replied 13 days ago.
OK, we are looking to create a new brand, mainly for the UK marketplace. It appears that the brand name we've looked at isn't registered in the UK as a trademark, however it is registered in the US. The brand name we were considering is Earthable, to sell compostable type products.There appears to be something similar in the US, albeit slightly different types of products, but the cross over of products is real and therefore most likely the same category.I'm probably going to go for a different brand name, however I liked this one (Earthable), so I thought it was worth asking someone who knows better!
Customer: replied 13 days ago.
I should also add, that Amazon use something called Brand Registry, it looks like it's been registered on the US version of Amazon, so I wasn't sure whether this would be applicable to the UK version of Amazon automatically and make it impossible for us to register for Amazon UK brand registry. Thanks
Expert:  Ed Turner replied 13 days ago.

Copyright arises naturally as soon as someone commits text to paper or computer screen.   The copyright to the text of this conversation is owned by me!   However, it is a very weak right and the burden of proving copying and direct financial loss because of the alleged infringement is very high.

There is no copyright in ideas per se until they are written down on paper.

Works such as book and film plot lines are protected by copyright, but it is very difficult to win these types of copyright infringement cases as long as the copying creators change enough of the plot, characters and dialogue so as the general reader, listener or viewer will know that the copied work is not by the same authors and is not a sequel or “spin-off”.   There is a lucrative market in Direct-to-DVD “Mockbusters” which are clearly ripped-off from big budget Hollywood franchises: “Atlantic Rim” -v- “Pacific Rim” and “Transmorphers” -v- “Transformers” (!).   Many a pulp novel writer has made a career out of stealing better authors’ ideas without being successfully sued.  ***** ***** successfully defended a copyright claim by the authors of “Holy Blood, Holy Grail”, the pseudo-historical book on the alleged real-life and genealogy of Jesus upon which Brown based the plot of his smash hit thriller, “The Da Vinci Code”.

There is also the risk of a competitor suing you under the Tort of “Passing Off” if your respective works are sufficiently similar to create confusion in the minds of the public to the extent that you are exploiting the other business’s goodwill in a way that could injure it.

Registering a piece of Intellectual Property as a Patent, Trademark or Design Right means that it is automatically protected from all other similar designs and the Right Holder does not have to prove deliberate copying by the other party.

You should investigate your competitors’ designs and images carefully to check whether they are protected by UK or International Trademarks, Design Rights, Patents and Creative Commons Licences.   The creators’ own websites should assert what special IPRs protect their works and you can also search the following websites:

UK Intellectual Property Office: https://www.gov.uk/government/organisations/intellectual-property-office

World Intellectual Property Organisation: https://www.wipo.int/portal/en/index.html

EU Creative Commons: https://creativecommons.org/

Expert:  Ed Turner replied 13 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd