Category Archives: Trademarks

My new favourite trademark… Magicman

MagicmanLOGOWhilst enjoying my ‘mindful commute’ on my Brompton (as recommended by the Evening Standard – How to have a mindful commute), I spotted a van with my new favourite trademark – Magicman.

I had a quick search on the UK IPO trademark database and was relieved to see it was registered to Magic Man Limited under class 37;
Maintenance, repair and restoration and resurfacing of all (i) surfaces, cladding and facades (in each case both internal and external) including but not limited to ceramic tile, stone, stone resin, marble, granite, wood, laminate, uPVC, plastic including but not limited to thermosetting plastic, glass and powder-coated surfaces and (ii) fittings including but not limited to bathroom and kitchen worktops, sanitaryware, floors and doors; glass scratch removal; plumbing; general commercial and domestic repairs.

Magicman and van

Surprisingly there is only one other use of Magic Man on the database. It is owned by Dieck & Co. Erfrischungsgetränke OHG, and is used for;
Class 32 – Beers; mineral and aerated waters and other non-alcoholic drinks; energy drinks, fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33 – Alcoholic beverages (except beers); alcoholic mixed beverages and alcoholic energy drinks.

Even more of a surprise was only finding one reference to ‘magician’ on the database, which is now dead, but was owned by Branston’s Limited, and used between 1948 and 1997.

Magicman has plenty of examples on their website of their ‘magic touch’ to “repair, renew and restore”.

window_repairhard_surface_doors

 

 

Farewell Boris Bikes – hello to the Brompton folding-bike experience

Brompton logo smallDuring my daily commute from Eastbourne to St Pancras and all the way back, I have been doing some ‘commuter observing’. And I have noticed most ‘hard-core’ travellers have two specialised devices in their possession. The first is a computer screen of some kind, to help distract from the long train journey by delivering various forms of entertainment.

This can vary from reading ebooks on a Kindle or similar, to watching the latest instalment of Game of Thrones on an iPad or Andriod tablet. Occasionally I have even spotted commuters actually doing work on the train.

Now that I have settled on my somewhat garish clementine orange Yoga Pro ‘laptop’, it is time to move on to the second of these devices.

And that takes us from new technology to an invention nearly 200 years old – the velocipede, more recently known as the bicycle.
Brompton Logos B&W on top

But for the serious commuter just any old bike won’t do. Or more specifically, won’t be allowed by the train operating companies. Having endured standing room only on trains for many years, I am sympathetic with banning of full-sized bicycles during the rush-hour times. Although, perhaps bringing back the guard’s van would be a way of accommodating conventional two-wheelers.

In the meantime, the only solution is a folding-bike, and this explains why they are such a common sight on my morning and evening journeys. With the rapid increase in cycling in London over the past few years has come an increasing choice of bikes, and folding-bikes in particular.

Using my information search skills I conducted thorough research into the subject, and came up with a shortlist of two manufacturers. Both had excellent reviews, and both cost just under £1,000. The first was of course the Brompton, which is by far-and-away the market leader. And a proud ‘made-in-Britain’ product exported around the world.

So being perverse I decided to go for the alternative brand. I found a shop near Eastbourne which stocked both makes, and explained my wishes to the salesman over the phone. He assured me that I would come out of the shop with a Brompton rather than the brand I wanted. And it turned out he was right. After a short discussion, the superiority its ingenious folding system and 25 percent smaller size when folded, won me over to the Brompton.Brompton folding bike

But why I hear you asking, have you abandoned the wonderful Barclays Bike Hire Scheme you blogged about in 2010? The answer – sadly, is that the Boris Bike service (which should really be called ‘Ken Bike’ in recognition of Boris’ predecessor Ken Livingston’s decision to implement the project) is not reliable enough for my needs.

A combination of glitchy technology and lack of bikes has always been something of a problem. But  since moving to Eastbourne, at least fifty percent of my attempts to hire a bike have failed. And doubling the annual subscription to £90 has only added insult to injury. The unreliability of the Barclay’s scheme added significantly to the stress of my morning journey. And as the secret to successful long distance commuting is to remove as many variables as possible, it had to be replaced with something more reliable.

Today is only day-one of my folding bike commute, so it is too early to say how effective this serious investment in improving my commuting experience will  turn out to be.

 

Personalised car number plates. Fun – Flash – or just plain Naff

Last November the father of autonumerology, Noel Woodall died at the age of 82. Noel is credited with creating the market for personalised car number plates in the UK, worth more than £2bn to the Treasury since 1989.

Noel WoodallHis interest in what grew into a multi-million pound business began in 1960 when he noticed a car driving past with the plate BB 4. He discovered it belonged to a local Blackpool Bookmaker. Thinking other people might also be interested in memorable number plates, he started the first cherished number plate business in the country.

As this was in a time before the Internet, Noel went on a research mission to his local public library, and was surprised not to find a single book on the subject. So, being the entrepreneurial type he put an advert in the RAF’s Air Mail magazine, asking for information about distinctive number plates. He received so much information in response, he decided to compile and publish it in a small book entitled Car Number Galaxy – Celebrities. It cost him £250 to produce, which was 6 months’ wages at that time.

He went on to publish more than 20 books, including Veterans, More Celebrities, Cartoons and a series called Car Numbers, written with Brian Heaton and described by its publishers as “one of the longest running, and most popular publications about vehicle registrations”.

Car Number Galaxy 1963

As for me, I grew up with a strong prejudice against preening drivers who paraded around the streets with vanity plates adorning their shiny cars, like some kind of automotive bling jewellery. I couldn’t think of a more idiotic way to waste money than to ‘invest’ in an ‘IAM GR8’ plate.

So, I was glad to read that even people involved in the industry recognise its controversial nature. Piers England an auctioneer from the DVLA’s auction company admitted, “We call them marmite products – you either love them or hate them.” To quote one contributor to an online discussion “When I see a vanity plate, I think only one thing: ID 10T”.

List of the 10 most expensive plates sold by the DVLA

  1. 1 D – £352,000
  2. 51 NGH – £254,000
  3. 1 RH – £247,000
  4. K1 NGS – £231,000
  5. 1 O – £210,000
  6. 1 A – £200,000
  7. 1 OO – £197,000
  8. 2 O –  £142,000
  9. 6 B – £130,000
  10. 1 HRH – £113,000

So how then can I even start to justify my recent purchase of N11 1NFO for my humble Skoda Octavia? The answer is a combination of my failing memory and local car park rules. Until recently there was an opportunity to end a shopping trip in town with a good deed by handing over my parking ticket to a new arrival. The grateful recipient could then benefit from whatever time remained.

The local council became aware of this ‘good Samaritan’ behaviour and decided they were losing valuable income. The solution was to introduce shiny new ‘intelligent’ ticket machines which required your car registration number in addition to payment. This was printed on the ticket to prevent it being transferred to another car. So no more ‘random acts of kindness’ in the council owned car parks thank you very much.

As well as being frustrated by this meanness of spirit, this change led to a challenge for me. Sadly I have never managed to memorise any of the number plates of any of the various cars and motorbikes I have owned since passing my driving test back in 1976. So I would either have to park with my bumper in view of the ticket machine or keep a note of my number to hand. A third and unexpected solution was to buy a new plate with a memorable number.

After much internet research and even more soul-searching I was finally ready to go ahead and join this group I had enjoyed despising for so many years. The change in my thinking came about when I realised a personalised plate was just about the only way to express personality and even humour on a product that is standardised and factory produced. If you own a Ford Mondeo it looks just a like any other Ford Mondeo apart from a limited range of colours. Although I did see a chrome-plated car the other day which was so bright it actually hurt my eyes.

chrome-mercedes

But just having an initial or two, combined with a number seemed to be a wasted opportunity. And I began to take notice of properly memorable numbers I came across in my travels. Whilst cycling through the East End of London on a ‘Boris bike’ I spotted SK1NT on the back of a brand new Rolls Royce. A nice example of four wheeled irony. I also saw a rather surprising DARR0N on an Audie A4 queuing to get out of Legoland.

Mazda car MX55-NOB

My challenge was to see if I could find a memorable plate amongst those listed at the DVLA  starting price of £250. Needless to say, there wasn’t anything close to ‘librarian’ at that price. I compromised on a combination of my initials and info (my chosen profession), with an additional redundant ‘I’ stuck in the middle.

The irony of this story is that by the time I had deliberated, purchased the number, had the plates made up, sent in the forms, and finally got out my screwdriver and physically replaced them, the council had changed their parking policy. Outraged shoppers had bombarded the local council with complaints and the local newspaper had picked up on the issue. After initially robustly defending their new ‘fairer’ policy, the politicians realised they were on a losing wicket and eventually caved in. So now when I go shopping I no longer need to enter my number plate into the ticket machine, undermining the original reason for personalising my car’s identity.

 

A brand as strong as a Hippo

On my drive to work this morning I got stuck behind a big yellow lorry. It was a Hippo Bag truck, and I was struck by how strong their brand is.

HippoBag_logoApart from the bright yellow base colour, the enormous text splashed across the back made it impossible to miss.

It got me thinking about strong brands, and how it doesn’t really matter too much what the name is, as long as it is memorable. In this case Hippo conjures up images of strength which help reinforce the brand. But it is also the most dangerous animal in Africa. Hippos kill more people each year than lions, elephants, leopards, buffaloes and rhinos combined.

I had a quick look on the Intellectual Property Office trademark database and saw that Hippo has been used 333 times in trademarks. Hippobag is registered by two different owners; one by Waste Management Systems Limited for the following classes:

  • Class 22 – Non-metallic bags and sacks for the transport, transfer, handling and storage of materials in bulk.
  • Class 39 – Removal and transport of waste to transfer, disposal, recycling and treatment sites.
  • Class 40 – Recycling and treatment of waste.

But it has also been registered by The Old Tannery Shop, Cambridge under Class 18 – Bags, pouches, holsters, belts, wallets; all for carrying or holding tools, fittings and instruments; but not including any such goods made from hippopotamus skin.

 

 

Rihanna wins rights to her image over Topshop

No, this isn’t about a tabloid newspaper controversy involving the rather racy Barbadian pop star. Instead it is about a recent High Court case where Rihanna took on the high street fashion chain Topshop over the use of unauthorised photos of her on their T-shirts.

The dispute centred on the issue of ‘passing off’, a fascinating aspect of Intellectual Property law due to the way it depends, not on some arcane legal technicality, but on what an ordinary person would think.

During my seven years working in the Business & IP Centre I have learnt that Intellectual Property can be immensely technical and complex, but also has aspects that rely on good old-fashioned common sense.

The test for passing off is quite simple, would an ordinary person think the item they are buying was either produced or authorised by someone other than who they thought it was. Wikipedia defines it as; The law of passing off prevents one person from misrepresenting his/her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.

Not surprisingly the most frequent cases of passing off tend to involve household brands. In April Which? magazine conducted a survey that found ‘a fifth of Which? members have bought an own-label product by mistake because it looked so much like a big brand. They found more than 150 own-label products they thought borrowed elements of their packaging from branded competitors. Own-label ‘copycat’ products: can you spot the difference?

One of the most well-known involves the best-selling dandruff shampoo brand Head & Shoulders. They have taken numerous supermarket chains to court for producing own label shampoos which are too similar to the their brand. The supermarkets tend to mimic the shape of the Head & Shoulders bottle, their colours and font styles. Each time the supermarkets lose the case, they go back to their designers and make slight changes to their bottles, leading to another round of court action.

Head&Shoulders_vs_Boots

Next time you are in a supermarket, have a look along the shelves and see if you can see any ‘look alike’ packaging from own label brands. In my experience cereal boxes make for rich pickings. Put yourself in the shoes of the busy shopper (or in my case reluctant shopper) rushing along the aisles with only time to glance at the packages as they zoom past. It is all too easy to grab the ‘wrong’ one and drop it into your basket.

In the case of the T-shirt with Rihanna’s photo, the judge Mr Justice Birss said the “mere sale” of a T-shirt with an image of a celebrity did not automatically amount to passing off. But in this instance he thought that a “substantial number” of buyers were likely to have been deceived into buying it because of a “false belief” Rihanna had authorised it.

He said it was damaging to her “goodwill” and represented a loss of control over her reputation in the “fashion sphere”. It was for Rihanna not Topshop to choose what clothes the public thought were endorsed by her.

 

Anorak – now a cool brand and a Success Story

anorak_logo I have blogged in the past about the importance of using a ‘made-up’ name for your trademark, but there are other ways to establish a distinctive but protected presence in the market place.

I was recently helping a couple of customers in the Centre find some useful market research reports on home wares. In conversation I discovered they were the founders of Anorak, a company who make and sell ‘functional products inspired by the great outdoors’. I also learned that we had helped them along their journey to success over the last four years, so they qualify as one of our Success Stories.

For me, the story here is the ingenuity of taking a widely used slang term with negative connotations, and subverted it into something cool and trendy.

trainspotter

Source: http://commons.wikimedia.org/wiki/User:Mattbuck

According to Wikipedia the term anorak came from the Observer newspaper’s description of UK trainspotters, based on their preferred form of clothing. Allegedly members of this group often wore, the by then very unfashionable anorak jackets, when standing for hours on chilly railway station platforms noting down details of passing trains.

However according to the Guardian Newspaper’s Notes and Queries column, the term was was originally created by Radio Caroline Disk Jockey Andy Archer in the early 70′. He used the word anoraks on air, to describe the boatloads of fans who came out to visit the pirate radio ships anchored off the Dutch coast.

During the 1980’s it became a general derogatory term for a someone with an obsessive interest in unfashionable and largely solitary interests. 1980’s UK rock group Marillion called one of their albums Anoraknophobia, referring to the long running in-joke that Marillion fans were sometimes called freaks or anoraks.

isle of wight computer geek iow

www.theisleofwightcomputergeek.co.uk

In the United States the term geek or nerd is often used instead, but is not associated with a particular item of clothing as far as I am aware. The exception might be the wearing of large unfashionable glasses. The US based company GeekSquad have also attempted to exploit the label to their own advantage.

The word anorak is derived from Greenland Eskimo ‘anoraq’, used to describe a waterproof jacket, typically with a hood, of a kind originally used in polar regions.

I am aware that this post may be in danger of straying into anorak territory itself with this level of obsessive detail, so I will stop here.

 

Anorak_fox_mugAbout Us

Introducing Anorak. A British brand with its heart planted firmly in the great outdoors. Inspired by childhood camping adventures (in a bright orange campervan), Anorak’s founder and Creative Director Laurie Robertson uses striking silhouettes to bring a touch of fun and whimsy to homewares and outdoor lifestyle accessories.

From Kissing Rabbits to Proud Foxes, Anorak’s animal designs are bold, bright and a good deal less timid than their real life relatives. But looks aren’t everything, so the entire Anorak product range has function at its heart. The wash bags are wipe clean, the sleeping bags have leg room a plenty, the picnic blankets are light enough to carry on the longest of country strolls. So if you’re a fan of the great outdoors (even when you’re indoors) and think fun should follow function, remember to pack your Anorak.

Victoria Beckham aka Posh Spice versus POSH football

Victoria_Beckham_2010

Source Wikimedia

Following on from my post on Cara Delevingne the brand, I had a look at Victoria and David  Beckham and their brands, as they have been in the news a lot recently after their return to the UK from California.

Victoria Beckham has always been clever in business, and sensibly attempted to trademark the term Posh (her nickname in the Spice Girls) early on.

However, her application was contested by Peterborough Football club who were able to prove they had been known as The POSH since the 1920’s.

Naturally after winning the court case, the club went into action and registered The POSH at the IPO (Intellectual peterborough-unitedProperty Office). However, they seem to have got a rather carried away, and instead of choosing one or two relevant business classes from the 45 Nice scheme like normal, they paid for an amazing 28 classes (see below for details).

So although they are making good use of class 25 for their t-shirts and scarves. I’m wondering how they are planning to exploit class 13 Firearms; ammunition and projectiles or class 34 Tobacco; smokers’ articles; matches. Perhaps they will surprise their fans and branch out into cigarettes.

the_posh_shirtVictoria bounced back from this initial set-back and has successfully established her Victoria Beckham brand in the key luxury product categories of sunglasses, scent and houte couture. According to TheRichest.org her business is currently worth £30 million.

The_POSH

 List of goods or services

Class 03:
Detergents; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; dentifrices; antiperspirants; deodorants for personal use.
Class 08:
Hand tools; hand operated implements; razors.
Class 09:
Apparatus for recording, transmission or reproduction of sound or images; optical or magnetic data carriers; recording discs; video recordings; automatic vending machines; calculators; data processing equipment; computers, computer programs; computer games; prerecorded discs and tapes; protective clothing; and parts and fittings, all included in Class 9 for any of the aforesaid goods.
Class 11:
Apparatus for ventilating, water supply and sanitary purposes; and parts and fittings, all included in Class 11, for any of the aforesaid goods.
Class 12:
Vehicles; apparatus for locomotion by land, air or water; and parts and fittings, all included in Class 12, for any of the aforesaid goods.
Class 13:
Firearms; ammunition and projectiles; explosives; fireworks.
Class 14:
Cufflinks; watches and clocks.
Class 15:
Musical instruments; electronic musical instruments; and parts and fittings, all included in Class 15, for any of the aforesaid goods.
Class 16:
Publications; pens, pencils, writing instruments; playing cards.
Class 17:
Rubber, gutta-purcha, gum, mica; goods made of any of the aforesaid materials; plastics in extruded form for use in manufacture; packing, stopping, insulating and packaging materials; flexible hoses and pipes, not of metal.
Class 18:
Bags, sports bags.
Class 20:
Garment hangers.
Class 21:
Household or kitchen utensils and containers (not of precious metal or coated therewith); combs; sponges; brushes other than paintbrushes; articles for cleaning purposes; steel wool; glassware, porcelain and earthenware, all included in Class 21; mugs, tankards, ashtrays.
Class 24:
Textiles and textile articles; bed and table covers; bedding.
Class 25:
Clothing; articles of outer clothing for men, women and for children; headgear; ties.
Class 26:
Cloth badges; badges not of precious metal.
Class 27:
Carpets, rugs, mats and matting; linoleum and other materials for covering existing floors; floor and wall tiles; wall hangings not of textile; wallpaper.
Class 28:
Toys, games and playthings; gymnastic and sporting articles; articles for use in playing football.
Class 29:
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats; prepared meals, goods of Class 29 predominating.
Class 30:
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; salt, mustard; vinegar, sauces (condiments); spices; ice; prepared meals, goods of Class 30 predominating.
Class 31:
Agricultural, horticultural and forestry products and grains included in Class 31; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32:
Beer, mineral and aerated waters and other non-alcoholic drinks; soft drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33:
Alcoholic beverages other than beer.
Class 34:
Tobacco; smokers’ articles; matches.
Class 36:
Insurance services; financial affairs; monetary affairs; banking services; credit card services; debit card services; exchanging money; investment services; financial sponsorship.
Class 38:
Telephone and telecommunication services; rental of telephone and telecommunication equipment.
Class 41:
Providing of training; entertainment; sporting and cultural activities.
Class 42:
Computer programming; snack bar services; news reporter services; security guard services; crowd control services.
Class 13:
Firearms; ammunition and projectiles

Protecting Cara Delevingne the brand

Cara_Delevingne

Source Wikimedia Commons

I was surprised to see a whole page of a recent Evening Standard devoted to UK and European trademarks.

If you have read this blog before you will know that I consider trademarks to be the most significant form of long term intellectual property protection for most businesses.

In the case of a celebrity such as current top model Cara Delevingne the motivation is often as much about protecting you name from commercial abuse, as profiting from it.

When choosing to register a trademark with either the IPO (Intellectual Property Office) in the UK or the OHIM (Office for Harmonisation in the Internal Market) in Europe you have to choose which of the 45 Nice classes are relevant.

The OHIM database shows Delevingne has applied for four classes at a cost of 1,050 Euros. Not surprisingly many celebrities have registered their names over the years. Only last year the singer Beyoncé tried to trademark her daughter’s name Blue Ivy, but discovered a wedding planning business had pre-empted her.

 

 

onsie

An example of a onsie

According to the Standard, Delevingne’s only aspiration so far is to produce her own brand of onesies. But perhaps these small beginnings could spawn a worldwide fashion brand.

The author of the article Kara Dolman (Kara with a K), was inspired by Delevingne to register her own trademark Kara D. Sensibly she first checked the IPO database (something we often help with in the Business & IP Centre), and chose class 25 covering fashion goods at a cost of £170.

Once the application gets through the two month period allowing for objections, Dolman will be free to pursue her dream of Kara D branded socks. However, I feel obliged to point out that if she doesn’t do so, her trademark will lapse after five years. People often forget that trademarks are designed to protect actual commercial activities, rather than just as a block to others.

Disney forces ‘Passing off’ company to destroy ‘mockbusters’

A whole half-page story in tonight’s Evening Standard about a firm who have been creating poor imitations of Disney blockbuster films.

Brightspark Productions Ltd (not to be confused with Brightspark Studios who have updated their homepage with the message below) have been forced by the courts to destroy their infringing films.

Important_Notice

Passing off is nicely defined by Wikipedia:

The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the claimant, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true.

In this case parents were buying DVDs such as Tangled Up and Braver below, and finding their children were disappointed with the films inside the cases. They didn’t come close to the Disney level of quality of storyline or animation.

Brightspark’s managing director Jeremy Davis seemed relatively unrepentant when he said: “I really believed no one in their right mind would buy Braver thinking it was Brave. It was on sale for £2-something in Tesco. You’ve never seen a Disney title for anything near that. I obviously wouldn’t want any kids upset, but the feedback we get is our titles are cheap and cheerful.”

Tangled_vs_Tangled_Up

Brave_vs_Braver

Apple is the most successful brand in history because it is meaningless

ohyo_bottleDuring this years Global Enterprise Week I finally had a chance to catch-up with Guy Jeremiah one of our Success Stories.

Although his collapsible bottle was becoming a great success in the UK under the brand Aquitina, Guy was advised he should change its name before taking on the United States market.

Unfortunately Aquatina is quite similar to Aquafina, a brand of bottled water owned by PepsiCo. Naturally Guy’s advisor was concerned that the cost of going through the courts would bankrupt the business, even though he would win the case.

So a new name was needed for the brand, and the advice was to use a made-up word. By definition, no one would be able to claim ‘prior-art‘ with a newly invented name. After much experimenting Guy and his team came up with the name ohyo (pronounced yoyo).

We had a chat about the importance of the Ronseal (says what it does on the tin) approach to a name, versus the advantages of using anonymous name like ohyo. My feeling is that a descriptive name is great when you are starting out, such as Man and Transit Van. But you never really know where your business will go, or how diversified it will become. In which case your expressive name can become unhelpful. For instance Carphone Warehouse, is no longer a warehouse and doesn’t sell phones for cars.

In the case of Apple Computer, the name was effectively pulled out of a hat the day before it was needed for company registration. Its generic nature meant that once the Computer bit was dropped, the company was free to make anything they liked and stick an Apple logo on it.

According to Walter Isaacson’s recent biography of Steve Jobs, “I was on one of my fruitarian diets,” he explained. “I had just come back from the apple farm. It sounded fun, spirited, and not intimidating. Apple took the edge off the word ‘computer.’ Plus, it would get us ahead of Atari in the phone book.” He told Wozniak that if a better name did not hit them by the next afternoon, they would just stick with Apple. And they did.

You may notice a similar looking collapsible bottle at the checkout of you local Marks & Spencer branch, as ohyo have licensed their product to M&S.

ohyo_bottles