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CTM Fees to fall by 40%
3 April 2009
Great news for all our clients looking to protect their trade marks internationally. As of 1 May 2009 the application fee for a Community Trade Mark will drop to EURO900 which is a 40% drop on the current fees. CTM applications cover all 27 countries in the European Union and are an incredibly cost effective way to protect your intellectual property in the wider market. For more information, or an estimate of filing costs, please contact us for a free quote.
The Beef over trade marks
3 April 2009
A protest has been filed with China’s Trademark Office over a Chinese food manufacturer’s application for a trade mark using ideograms which resemble the name of Matsusaka city (松阪). Matsusaka is famed for their wagyu (Japanese beef), which is one of the most famous kinds of beef within Japan and internationally. A council of 14 beef- related organisations fear that granting the trade mark application could lead to consumer confusion and infringe on the rights of the breeders of these famous cattle.
Matsusaka beef is produced from virgin female cows (heifers). They are raised in the quiet, serene area surrounding Matsusaka, where they are fed plenty of fodder as well as tofu lees and ground wheat. When they have no appetite they are fed beer to stimulate their eating. The cattle also receive regular massages and are taken for daily afternoon walks. Currently Matsusaka beef is not exported to China.
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IT’S A BARBIE WORLD
13/03/2009
“Barbie” turned 50 this week. The writer of this short article first encountered Barbie when she was ten years old and was desperate to be the proud owner of one of these “plastic fantastics”. Alas, her mother deemed Barbie far too grown up and glamorous and most unsuitable for a young girl. It was the 70’s after all.
Barbie was the creation of an American businesswoman, Ruth Handler, who created the now iconic toy, Barbie, using a German doll as inspiration. The name Barbie was derived from Handler’s daughter who was called Barbara. The dolls were manufactured by toy giant Mattel, Inc and were first launched in March 1959. Tall, young and lovely with impossible proportions, Barbie proved an immense hit and has so far lived a life full of adulation, controversy and lawsuits. In 2007, Mattel sued a company called Global China Networks for trade mark infringement for use of the name “Barbie” in connection with a porn website.
More recently, Barbie has been facing stiff competition from a line of BRATZ dolls produced by MGA Entertainment. The four original 10" dolls named Cloe, Jade, Sasha, and Yasmin - are teenagers distinguished by large heads and skinny bodies, almond-shaped eyes adorned with eyeshadow, and lush, glossy lips – in appearance they are quite dissimilar from Barbie. In 2003 the trade mark BARBIE was ranked 97th by Interbrand in its 100 Best Global Brands List. By 2008, BARBIE had shipped out of the list, and by 2005 it was reported that sales has declined by 30% in the USA and by 18% worldwide as a result of the growing popularity of BRATZ dolls. Mattel subsequently sued the BRATZ dolls creator alleging the concept for the BRATZ dolls was developed while he was working for Mattel. In December 2008, Mattel succeeded in its lawsuit, but MGA did announce the decision would be appealed.
Recently, collectible Barbies have appeared on the market, and Mattel has estimated that there are in excess of 100,000 avid Barbie collectors most of whom are women in their 40’s. The most recent, collectible Barbie is the BARBIE 50th ANNIVERSARY doll which is a highly desirable and gorgeous creature, in a beautiful ball gown. The accompanying tagline shouts “50 and looking good, Barbie” – every 40 something woman’s dream. The writer is off to purchase one immediately
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TOO MANY BRANDS?
02/03/2009
Last week, it was reported that iconic Australian brand holder - Pacific Brands - was to quit manufacturing in Australia . This decision unfortunately meant a loss of 1850 jobs. The company believed that there was no longer a sustainable advantage to be gained from local manufacturing.
Pacific Brands is the owner of many famous brands including BONDS, DUNLOP, KAYSER, BERLEI and STUBBIES. In Australia alone, the company owns about 1,400 current trade marks. As part of its rationalization, the company concluded that it was supporting too many brands for the income generated.
From a trade mark perspective, it is always prudent for a business to audit its trade mark portfolio every few years, and examine the marks which are not being used or which are generating insufficient revenue. There is little point from a costs perspective in maintaining trade marks which are not being used and/or which are unlikely to be used in the foreseeable future. In addition, if a mark has not been used for a continuous three year period of time, it is always vulnerable to attack. Therefore, besides the costs of keeping unused trade marks in force, there is also a risk of attack by a third party on the basis of non-use.
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HENDRIX ELECTRIC VODKA
20/02/2009
It was recently reported that the Estate of the late great guitarist, Jimi Hendrix, is to receive US$3.2 million in agreed damages as a result of winning a USA trade mark infringement action late last year. The makers of the infringing vodka, which included Jimi Hendrix’s half brother Leon, sold and marketed HENDRIX ELECTRIC vodka which was sold in purple tinted bottles having a Jimi Hendrix face image and “Jimi” signature. The labeled vodka was found to infringe the Jimi Hendrix trade marks owned by the Hendrix Estate. In Australia, the Jimi Hendrix trade marks and image are protected for a wide range of products. Jimi Hendrix died without a will and as a result, his estate went to his father, Al Hendrix. After receiving too many demands for money, Al subsequently cut Leon out of his will, leaving the entire estate to an adopted daughter. |
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Launch of TMPro™
15/01/2009
EKM is proud to announce the launch of our new website EKM Patent - Trade Marks ProTM. After many years in the business we saw a need to provide a website dedicated solely to trade marks. Our trade mark group is focused on providing our clients and associates with the best trade mark service possible. Your feedback on our new site is welcome. |
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