TRADEMARKS

A review of the intellectual property of Lofthouse of Fleetwood Ltd

and how it can help you

What is a TRADEMARK?

Any sign that has some distinctive character

It can be in the form of:-

What is a TRADEMARK?

Words

ESSO, McDonalds, Sony, Fisherman’s Friend,

• Letters/Numerals

IBM, AT&T, BMW, No 5, FF

• Slogans

“Probably the best lager in the world”

“Sind sie zu stark, bist du zu schwach”

What is a TRADEMARK?

It can be any sign that has some distinctive character

Such as:-

A Device or Logo

Or even a Colour

orange

What is a TRADEMARK?

It could be:-

A Shape of Goods or Packaging

A Sound Hamlet cigars - air on a G string

What is a TRADEMARK?

Trademarks

Lofthouse’s Original Fisherman’s Friend

First mark registered on 7th Dec 1963

Registration number B857595

Class 5

Jurisdiction - England and Wales

Trademarks

Lofthouse’s Original Fisherman’s Friend

The date of registration is very IMPORTANT

As it is critical for defence of the TM

And it gives priority to other marks by association

Trademarks

Lofthouse of Fleetwood

has 450 TM registrations

In 18 product classes All current logos registered in all major markets

Covers over 100 countries

Trademarks

What is the VALUE to LoF?

The intellectual property has a greater value than any other asset of the

Company

Trademarks

How long do Trademarks last?

Unlike Patents - TMs last indefinitely

Provided the TM is renewed in time

Provided use of the TM can be demonstrated

Provided the renewal fee is paid

Trademarks

Incorrect use makes Trademarks vulnerable

Always use the logo correctly – as shown in the Packaging Manual

Never abbreviate or corrupt the logo

Always acknowledge the ownership of the mark

Trademarks

How can Trademarks help you?

Provide the consumer with a quality standard

Trademarks provide Product Recognition

Prevent unfair competition

Trademarks

Preventing unfair competition

The Following are past litigation successes:-

Products have been withdrawn

Packs forced to change

Manufacturers lost the trust of the trade

Trademarks

LitigationGermany/Holland

Skipper1986

Trademarks

LitigationHolland- Strong & Fresh

1986

Trademarks

LitigationDenmark - Fresh & Free

1989

Trademarks

LitigationUK Bosun’s Mate

1990

Trademarks

LitigationGermany

Captain’s Fresh1990

Trademarks

LitigationGermany

Vivil Friendship1994

Bag getup moved horizontal to vertical

Stand closed at ISMVivil made more prominent than Friendship

Trademarks

LitigationGermany

Athos T Shirts1996

Trademarks

LitigationGermany

Fickerman’s Freund1998

Trademarks

LitigationTaiwan

Counterfeit Product2002

Trademarks

LitigationDenmark

Fisherman Vodka2002

Trademarks

LitigationDenmark

Fisherman Vodka2002

Trademarks

LitigationDenmark

Fisherman Vodka2002

Trademarks

Litigation

Over 120 cases on file

Almost 75 cases involve Germany Many “Internet” warning letters Very successful in defending our position

Trademarks

What do you need to do?

Inform LoF of any conflicting products

Follow the rules from the Brand Manual Always use Trademarks correctly Never give permission for others to use LoF Trademarks

Please remember to useLofthouse of Fleetwood

Trademarks correctly