Art, Copyright, Fashion, Fashion Law, Trademarks

TRADEMARKS

  • Trademarks make an indication of the origin of goods and services; marks that distinctive business from the other; gives you individuality and promotes your own work through the trademark. This works by Application and Registration in the relevant class and territory. Trademarks are normally distinguished through: Letters, numbers, colour and shapes. If the trademark however isn’t registered in a different country the trademark which is personal to you can be used somewhere else in the world if it is not registered correctly.
  • Half a million pounds to register Trademark around the whole world. Fashion is quite often created in Asian countries, which is why a lot of support and Law Trademark Registrations can be found in those particular countries. China keeps a very close eye on what happens and emerges in the UK, so trademarks are key to keeping the industry fair and unique to each brand to make sure that you aren’t ripped off.
  • You can however use the same name, such as Polo, for a different brand. Polo is used for cars, clothing and sweets, however each element of the name is very different and a different sector within the industry.
  • Pictures or symbols such as the Nike Swoosh, Burberry Check and the Red Soles of shoes are all trademarked, meaning that no other company can use this as it is individual to that country. You can also make individual positions within an outfit, such as the Fred Perry double stripes on the colour and the edge of the arms to keep the brand unique and different from the others; this enable as theme and key understanding for the brand too.
  • Requirement have to be capable of graphical representation, distinguishing goods and services, not descriptor and not contrary to public morality and policies, this enable each and every one of us to have the same chance and the requirements. They last for 10 years, but have to re renewed, but if they aren’t used of the product isn’t launched within 5 years, the trademark can then be cancelled.
  • If you do not have the money to create a trademark, you still have the rights to individual use. £170 is how much it costs to create the Trademark; with it registered however it is better to get proof of registration. Infringement is also very common within the industry; you cannot have: Identical mark, goods or services; confusion within the products; and repetition, misrepresentation and damage. Vivienne Westwood’s logo was found to have been Infringed by Red Planet – You have to be incredibly careful with infringement as it can end up in court.
  • A Patent is a national right, has to be applied for and granted by individual countries. These normally last for 20 years or so; they can be a description, claim or a drawing which you are trying to protect.
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