James Cornish

Fri 21st May 2021

Whether you have come up with a new company name yourself or you have invested in the services of a specialist branding agency, it is important to ensure that any name that you choose does not infringe the intellectual property rights of another brand owner. In a worst-case scenario, you could find yourself having to rebrand as well as compensate the other brand owner.

Thu 6th May 2021

If you have spotted another trade mark within the insurance sector which is alarmingly similar to one of your own, what can you do to stop your competitor from using that mark?

Mon 1st Mar 2021

Insurance is a mature and highly competitive sector, with over 400 operators in the UK and thousands of products. Without a tangible visible product for consumers to see, differences in service offerings can be subtle and hard for consumers to distinguish between. 

Wed 20th Jan 2021

The UK fashion industry is worth £26 billion, employs over half a million people, and is constantly and rapidly innovating as, every season, exciting new brands and products are launched.

Mon 7th Dec 2020

If you have established some strong marketing channels, with an extensive database, good customer knowledge and a productive sales engine, you may be on the lookout for new products which might compliment your existing portfolio.

Wed 25th Nov 2020

Subject to final legislative implementation, from 1 January 2021 you will need an address for service in the UK, Gibraltar or the Channel Islands for new UK patent, registered trade mark and registered design applications, for granted EP(UK) patents if a representative for the proprietor is to be appointed, and for any proceedings concerning patents. An address for service in the EEA will no longer be acceptable.

Wed 14th Oct 2020

Figures published by the UK Intellectual Property Office show a marked upturn in the number of filings of trade mark and design right applications since April 2020.

Fri 25th Sep 2020

This is a brief note on the position concerning how EU-wide trade marks and EU-wide registered designs will be affected by Brexit from 1 January 2021. The advice below is applicable to trade marks and designs equally.

Please note the European Patent Office is not an EU institution and European patents and patent applications are not affected by Brexit.

This is a very important notice for the owners of EU-wide trade marks and designs. Please contact us if you have any questions.

Mon 24th Aug 2020

An audit of your intellectual property will pay dividends as it enables a business to identify new revenue streams, enhance business value, implement best practice, assess and reduce the risk of competition.  It is particularly important for any business with a strong brand or knowledge-based products or services.

Wed 12th Aug 2020

Your logo is an important part of your branding, and the last thing you want is to see another business using an identical or very similar logo that might cause confusion amongst customers and which could devalue your brand.

Fri 10th Jul 2020

Great business ideas usually start off with a working title, as entrepreneurs focus on product development, designs, packaging logistics and business plans. 

Thu 28th May 2020

When establishing a new brand, it is important to avoid spending time and resources on registering a trade mark brand which is likely to be refused by the Intellectual Property Office.

Fri 27th Mar 2020

The UKIPO announced changes to its services on 27 March 2020 as a result of the business /postal disruption during the coronavirus pandemic.

Wed 11th Mar 2020

Finding and entering new markets is key to the growth of any business, whether this is selling to a new industry sector or into a foreign territory. But this can be time-consuming and labour intensive and difficult to do well if you do not have anyone who speaks the language, understands the sector or is familiar with differences in the cultural or regulatory environment.

Fri 11th Oct 2019

Whilst it is understandable to be enthusiastic about a proposed new brand, or product-line, don’t make the mistake of oversharing your ideas.

Fri 23rd Nov 2018

When seeking to protect your brand from cheap counterfeits, it is advisable to set up a customs watch but what happens when customs officials discover fake goods?

Mon 29th Oct 2018

In a typical year, counterfeit goods with a retail value of over €600 million are seized by customs across the European Union. Counterfeits entering the European Union include goods from China, Iran, Turkey, India and Hong Kong. Around 5 per cent of the seizures in the EU are in the UK.

Tue 25th Sep 2018

On 24 September, the UK government released its latest pre-Brexit updates for businesses in regard to the implications for intellectual property. These papers outline the situation in the event of a ‘no deal’ scenario, explain the implications for businesses in the UK, the EU and other countries, and they highlight any actions which are required by businesses and other stakeholders.

Mon 2nd Jul 2018

The outcome, implications and effect of Brexit remain unknown and unclear. However on 19 March 2018 the European Commission published a draft agreement indicating terms that have been agreed with the UK in the event of a wider agreement concerning Brexit and those yet to be agreed.

Fri 18th May 2018

This week at INTA 10,600 brand owners and intellectual property experts from 150 countries will be congregating in Seattle to discuss the latest developments in trade mark protection around the world.

Wed 18th Apr 2018

Deceptive? Descriptive? Distinctive? Do you know the difference when it comes to trade marks? The Page White and Farrer trade mark team has put together a helpful glossary of terms for brand owners and brand managers.

Mon 2nd Oct 2017

James Cornish, Chartered Trade Mark Attorney, reviews the EU IPO Appeal Board and General Court pharmaceutical case law, between January and August 2017 in advance of the Pharmaceutical Trade Mark Group “PTMG” Autumn conference, to provide concise guidance on recent legal principles to help win pharmaceutical cases.

Wed 20th Sep 2017

There are over 200 UK laws and regulations governing promotional communications and advertising and, while consumers increasingly use social media to make direct complaints, a key part of the control of advertising in the UK is the Advertising Standards Authority (the ASA). This is a self-regulated, non-government body paid for largely by the advertising industry, which regulates the content of adverts, sales promotions and direct marketing and has established codes.

Fri 15th Sep 2017

James Cornish, trade mark attorney at Page White and Farrer discusses the current UK laws on misleading marketing and how these laws could impact on the way trade marks are used.

Fri 1st Sep 2017

Brand protection and trade mark attorney James Cornish offers some essential advice for brand owners about marketing to consumers in the UK and following best marketing practices to avoid black listed activites.

Wed 23rd Aug 2017

Trade mark registrations in the UK and EU may be cancellable if they have not been used for a five year period and there are no proper reasons for the non-use.

Tue 15th Aug 2017

Are you aware of the unfair commercial practices which are prohibited in UK consumer marketing? James Cornish, chartered trade mark attorney at Page White and Farrer explains.

Tue 1st Aug 2017

There are many rules governing the sale of goods, so when selling your branded goods or services you should note that criminal liability can sometimes arise in the context of marketing materials that do not comply with these rules.

Mon 5th Jun 2017

Since the UK Company Names Tribunal was set up in 2008, it has decided nearly 700 cases of disputes about opportunistic names registered at UK Companies House.

Mon 16th Jan 2017

If you, or your brand agency, have spent days, or even weeks, drafting the perfect slogan for your business or product, then you may wonder if it’s possible to protect this element of your branding.

Fri 13th Jan 2017

When launching or promoting any brand it can be a challenge to get noticed in the market place, and some companies choose to take a controversial approach via the use of shock advertising - an approach which ‘deliberately, rather than inadvertently, startles and offends its audience by violating norms for social values and personal ideals’. Other companies might find themselves offending groups of people inadvertently due to differing cultural norms and differences arising from use of language and translation.

Wed 11th Jan 2017

As your business grows and you expand into new markets, then there will be strategic decisions to take about how best to manage your international portfolio of trade marks. One key consideration is whether to take advantage of a seniority claim.

Mon 9th Jan 2017

If you sell products, or services internationally, then you will need to consider where and when to register trade marks to protect the intellectual property in your branding. Planning your approach is an important part of your IP strategy.

Thu 10th Nov 2016

It is good housekeeping to ensure that any Intellectual Property Office records are kept up to date to reflect the correct owner details for your trade marks.

Wed 9th Nov 2016

Please be wary of unsolicited correspondence after you have filed a UK trade mark application as it may be a scam and sent by a fraudster.

Tue 8th Nov 2016

The EU trade mark system is a money-saving, advantageous system for those interested in operating in EU states who want a system that is quick and easy to use. Brand owners can protect their trade marks in all member states of the EU by way of a single application.

Fri 4th Nov 2016

The Madrid international application system for trade marks offers a money-saving, convenient and simple scheme for brand owners who want to protect their trademarks in numerous countries.

Wed 2nd Nov 2016

Each week we are notified by a client to say that they have been contacted by an official-looking Chinese domain name company with a notification that a third party is trying to register their brands as Chinese domain names and asking if this is authorised.

Wed 26th Oct 2016

As trade mark registrations are in the public domain, scammers are able to obtain your details from the publicly accessible official trade mark registers.

Wed 19th Oct 2016

To ensure that you do not pay unnecessary costs, businesses interested in trade marks should be on their guard against fraudsters and scams relating to trade marks.

Mon 17th Oct 2016

Protecting the uniqueness of your brand is important if you wish to preserve its value and reduce the risk of market erosion from competitors. It is therefore advisable to look out for any other trade mark applications, company names and domain names that are similar to yours and might cause concern.

Mon 26th Sep 2016

The Company Names Tribunal provides a service for determining disputes about whether names registered at UK Companies House should be changed, due to the earlier rights of others.

Wed 1st Jun 2016

Following the decision for the UK to leave the EU, James Cornish, of European IP specialists Page White and Farrer, provides some reassurances to brand owners and their advisers on the position regarding existing and future intellectual property rights in Europe.

Tue 1st Mar 2016

Changes are being made to the European Union trade mark registration system. In this article, James Cornish, trademarks specialist at Page White and Farrer, highlights some of the key changes. Most changes take effect on 23 March 2016.